Case Details M/s. Greater Ashoka and Land Development Company vs Kanti Prasad Jain (D) through Lrs.

Court

Supreme Court of India

Date

6 December 2023

Case No.

C.A. No.7990-7991 of 2023

Result

Disposed

Bench

Vikram Nath, Rajesh Bindal

Citation

[2023] 16 S.C.R. 933 : 2023 INSC 1055

Issue for consideration

Whether in a matter pertaining to specific performance of the contract for allotment of plot, the refund of earnest money after a period of sixty years was reasonable. Specific performance – Contract for allotment of plot – Suit for specific performance of the contract – Decreed by the trial court directing execution of sale deed – However, set aside by the lower appellate court, directing refund of earnest money with interest – High Court set aside the said order passed by the lower appellate court, upholding that of the trial court – Correctness:

Headnote

Held: Perusal of the prayer made in the suit shows that in the alternative, only refund of earnest money along with interest has not been claimed, rather the buyer claimed adequate damages, which may include refund of the earnest money along with interest – Merely refunding the earnest money paid, after sixty years would be unreasonable as the respondent, after booking the plot, has been waiting all along as even in the litigation since 1986 – Price of the land in the area has increased manifold for the last sixty years – In the interest of justice, the impugned judgment and decree of the High Court is modified to the extent that instead of getting the sale deed of the plot registered, the contractor to pay stipulated amount as full and final settlement of claim in the suit. [Paras 11, 13] LIST OF CITATIONS AND OTHER REFERENCES

Kanshi Ram v. Om Prakash Jawal and others (1996) 4 SCC 593 – referred to.

OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT RAJESH BINDAL, J. Leave granted. 2. The order1 passed by the High Court2 in Second Appeal3, vide which the judgment4 of the lower Appellate Court5 was reversed and that of the Trial Court6 was restored, is impugned in the present appeal. Order dated 02.05.2018. Punjab & Haryana High Court at Chandigarh Regular Second Appeal No. 2956 of 1998 Order dated 07.08.1988 Additional District Judge (I), Faridabad Order dated 29.03.1966 passed by Additional Civil Judge (Senior Division), Faridabad PRASAD JAIN (D) THROUGH LRS. [RAJESH BINDAL, J.] 3

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