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august 2006

Supreme Court of India · 2006-08-29

M. MEENAKSHI vs METADIN AGARWAL (D) BY LRS..

Citation / case number
SC 2004/4014
Court
Supreme Court of India
Petitioner
M. MEENAKSHI
Respondent
METADIN AGARWAL (D) BY LRS..
Author
DALVEER BHANDARI S.B. SINHA
Bench
DALVEER BHANDARI S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the issue of specific performance of a contract under the Urban Land (Ceiling and Regulation) Act, 1976, particularly focusing on the implications of Section 10 and Section 26 of the Act. The Court held that the agreement to sell was frustrated due to the rejection of permission to sell the land by the competent authority, thus upholding the lower court's decision to deny specific performance but allowing for the refund of the advance and damages. The judgment emphasized that contractual obligations are contingent upon obtaining necessary governmental approvals, which, if denied, can lead to frustration of the contract.

M. MEENAKSHI vs METADIN AGARWAL (D) BY LRS.. · Niyam