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september 2009

Supreme Court of India · 2009-09-04

Radhakrishna Dharmartha Pvt. Trust & ... vs Parmanand Soni(D) By Lrs

Citation / case number
AIRONLINE 2009 SC 348
Court
Supreme Court of India
Petitioner
Radhakrishna Dharmartha Pvt. Trust & ...
Respondent
Parmanand Soni(D) By Lrs
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that the plaintiff, Parmanand Soni, failed to prove payment of the balance price of Rs.30,000 within the stipulated six-month period as per the agreement dated 12th November 1990. The Court found that the trial Court was justified in denying specific performance since the payment was not made within the agreed timeframe and there was no evidence that the trustee, Deohar Ram Manohar Sinha, was authorized to accept the payment after the deadline. Consequently, the High Court's reversal of the trial Court's judgment was deemed erroneous, and the appeal was allowed, restoring the trial Court's decision.

Radhakrishna Dharmartha Pvt. Trust & ... vs Parmanand Soni(D) By Lrs · Niyam