Supreme Court of India

Rattan Lal (since Deceased) through His Legal Representatives v. S.N. Bhalla & Ors.

Neutral citation
Reported as [2012] 8 S.C.R. 100
Bench Altamas Kabir and J. Chelameswar JJ.
Decided 8 August 2012

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.

What the Court ordered

We are of the view that the Agreement to Sell dated 8th September, 1978, has been wrongly terminated.

Judgment, page 17

From the headnote

Specific performance - Agreement to sell - Payment of earnest money - As per clause of the agreement, if permission for transfer not granted within a specific time, the vendors had the option to determine the agreement - Permission not granted - Vendor determined the agreement and returned the earnest money - Purchaser by a letter telling the vendors that they were willing to purchase the property even beyond the stipulated period and telling that they accepted the earnest money under protest - Suit for specific performance of the agreement - Dismissed by trial court - Order upheld by High

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