MUKUL SHARMA vs ORION INDIA (P.) LTD. THROUGH ITS MANAGING DIRECTOR

The Supreme Court held that the interpretation of 'built-up area' in the agreement between the parties must exclude common areas, as established by subsequent correspondence (Ex.3 and Ex.4 letters). The Court found that the High Court erred in relying on an earlier understanding that included common areas, which contradicted the later mutual agreement. The Court reversed the High Court's decision, thereby allowing the appellant's claim for specific performance based on the correct interpretation of the contract under Section 5 of the Indian Contract Act, 1872.