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october 2009

Supreme Court of India · 2009-10-28

A.K. Lakshmipathy (D) & Ors vs Rai Saheb Pannalal H. Lahoti C.T. & Ors

Citation / case number
AIR 2010 SUPREME COURT 577
Court
Supreme Court of India
Petitioner
A.K. Lakshmipathy (D) & Ors
Respondent
Rai Saheb Pannalal H. Lahoti C.T. & Ors
Author
Tarun Chatterjee
Bench
Aftab Alam, Tarun Chatterjee

Judgment text excerpt

The Supreme Court addressed the appeal concerning the refund of Rs. 1,00,000 paid as an advance under a contract for the sale of property, governed by the Urban Land (Ceiling and Regulation) Act, 1976. The Court emphasized that time was of the essence in the contract, and the appellants' failure to secure necessary permissions within the stipulated time justified the respondents' refusal to proceed with the sale. The Court upheld the High Court's decision, affirming the trial court's order for refund, thereby reinforcing the importance of compliance with contractual terms and statutory requirements.

A.K. Lakshmipathy (D) & Ors vs Rai Saheb Pannalal H. Lahoti C.T. & Ors · Niyam