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.