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july 2007

Supreme Court of India · 2007-07-12

Banshilal Soni (Dead) Through L.Rs vs Kastoor Chand Begani(Dead) By L.Rs. & ...

Citation / case number
AIR 2007 SUPREME COURT 2628
Court
Supreme Court of India
Petitioner
Banshilal Soni (Dead) Through L.Rs
Respondent
Kastoor Chand Begani(Dead) By L.Rs. & ...
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court held that the Madhya Pradesh High Court erred in concluding that the plaintiff abandoned his rights under the contract for the sale of a house, as per the agreement dated 10.10.1989. The Court emphasized that the plaintiff was ready and willing to perform his part of the contract, and the defendants failed to fulfill their obligations, including obtaining necessary clearances. The Court upheld the direction for the defendants to pay Rs.1 lakh to the plaintiff for wrongfully retaining Rs.25,000, while allowing the appeal for specific performance of the contract.

Banshilal Soni (Dead) Through L.Rs vs Kastoor Chand Begani(Dead) By L.Rs. & ... · Niyam