Supreme Court of India · 2016-05-10
Mukul Sharma vs Orion India (P.) Ltd. Through Its ...
- Citation / case number
- AIR 2016 SUPREME COURT 2822
- Court
- Supreme Court of India
- Petitioner
- Mukul Sharma
- Respondent
- Orion India (P.) Ltd. Through Its ...
- Bench
- Rohinton Fali Nariman, Kurian Joseph
Judgment text excerpt
The Supreme Court held that the definition of 'built-up area' in the agreement between the parties must exclude common areas, contrary to the High Court's interpretation. The Court emphasized that subsequent letters (Ex.3 and Ex.4) clarified the mutual understanding of 'built-up area' as excluding common areas, thus overruling the High Court's reliance on earlier interpretations. The Court decreed that the appellant is entitled to specific performance based on the correct understanding of the agreement, thereby reversing the High Court's decision.