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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
SC 1999/9513
Court
Supreme Court of India
Petitioner
BANSHILAL SONI(DEAD)THROUGH L.RS.
Respondent
KASTOOR CHAND BEGANI(DEAD)BY L.RS..
Author
ARIJIT PASAYAT
Bench
LOKESHWAR SINGH PANTA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the Madhya Pradesh High Court's ruling that the plaintiff's claim for specific performance of a contract was not valid due to abandonment of rights under the contract. The Court found that the defendants had not breached the contract as alleged by the plaintiff, and thus the plaintiff was not entitled to specific performance. However, the Court ordered the defendants to pay Rs. 1 lakh to the plaintiff for wrongfully retaining Rs. 25,000, affirming the principle that unjust enrichment must be addressed.

BANSHILAL SONI(DEAD)THROUGH L.RS. vs KASTOOR CHAND BEGANI(DEAD)BY L.RS.. · Niyam