Showing posts with label area of land. Show all posts
Showing posts with label area of land. Show all posts

Tuesday, 22 November 2016

Whether court should grant decree for specific performance of contract if area of land agreed to be sold was not clear?

In the present case, it appears that possession was not
given to the plaintiff at the time of execution of the agreement,
nor the area of land agreed to be sold was clear, as such, it
cannot be said that the plaintiff has done substantial acts or
suffered losses due to expenditure in constructions etc., in
consequence of a contract capable of specific performance. The
direction given by High Court in the impugned order shows
that the measurements of land actually agreed to be sold, are
not final.
17. In the above facts and circumstances of the case, we are
of the view that instead of affirming the decree of specific
performance as modified by High Court, it will be equitable,
just and proper to direct the appellants to pay back amount of
Rs.60,000/- accepted by the original defendant with interest
@ 18% per annum to the plaintiff/respondent from
04.02.1992 till date, within a period of three months from
today, failing which this appeal shall stand dismissed. 
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7893 OF 2015
(Arising out of S.L.P. (Civil) No. 27657 of 2014)
Hemanta Mondal 
Versus
Sri Ganesh Chandra Naskar 
Citation: 2016 (6) MHLJ 30
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