Supreme Court of India
Pratap Lakshman Muchandi and Ors. v. Shamlal Uddavadas Wadhwa and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the agreement to sell was genuine and it was executed for bona fide necessity but because of passage of time we direct that the respondents shall pay a sum of Rs.5 lacs in addition to Rs.1, 10,000/- as out of B Rs.1,20,000/-, Rs.10,000/-has already been paid as advance.
Judgment, page 9
From the headnote
Specific Relief Act, 1963 - s. 20 - Agreement to sell • properly executed in 1982 for consideration of Rs.1,20,0001- c - Vendor received Rs.10,0001-as advance money- Suit for specific performance by vendee - Decreed by Trial Coult - Order upheld by High Court - On appeal, held: Since agreement for sale was genuine, decree passed by Trial Coult was justified - However, in view of long passage of time and steep increase in value of properly since 1982, vendee directed to pay the vendor Rs. 5 lakhs in addition to balance consideration of Rs.1, 10,0001-- On such payment, vendor "" directed to
Authorities it was built on
Where later benches applied it
- 2023 C. Haridasan v. Anappath Parakkattu Vasudeva Kurup & Others
- 2011 H. Siddiqui (dead) by Lrs. v. A. Ramalingam
Of those, 1 relied on · 1 referred to
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