Contract - Applicability of frustration - Section 56 of Contract Act, 1872 - Respondents/Plaintiffs' failed to obtain relevant permission as required under agreement to sell between Appellants and Respondents - Present appeal filed against order directing Appellants to refund money already paid with interest to Respondents as there was frustration of contract - Whether Contract between parties in dispute could be treated as frustration of contract or not - Held, parties at time of agreement could not presumed that permission would be granted - Authority granted permission for lesser area of purchased land, which, obviously, would be case of contract not being able to be performed - Impugned order rightly deny to forfeit earnest money and advance as there was no substance in Appellants' contention that due to breach of contract on part of Respondents they suffered loss in their business - Hence, no infirmity in impugned order - Appeal Dismissed. [paras 8 and 10]
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4882 OF 2014
(Arising out of SLP(C) No. 35139 of 2012)
GIAN CHAND & ORS.
VERSUS
M/S. YORK EXPORTS LTD. & ANR.
citation; 2015 ALLMR441 SC,AIR2014SC3584,
Dated;24-4-2014
V. GOPALA GOWDA, J.
