DADARAO AND ANR. versus RAMRAO AND ORS.

DADARAO AND ANR. versus RAMRAO AND ORS.

In view of the agreement, which provided that only Rs. 1,000 and Rs. 500 are payable in case of default and no sale deed shall be executed, plaintiff is not entitled to specific performance; only refund with interest as stipulated is due.

Parties
Appellant: Dadarao; Respondent: Ramrao
Jurisdiction
India
Judgment Date
02 November 1999
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeal allowed; decree for specific performance set aside; trial court decree for refund and damages affirmed with modification.
Legal Topics
Specific Performance, Agreement of Sale, Damages
Contract Specific Performance Agreement of Sale Damages

Case Brief

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Parties

Dadarao

Appellant

Ramrao

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether the plaintiff is entitled to a decree for specific performance under the agreement of sale
  2. 2 Interpretation of contract clause regarding default and payment of damages

Ratio Decidendi

In view of the agreement, which provided that only Rs. 1,000 and Rs. 500 are payable in case of default and no sale deed shall be executed, plaintiff is not entitled to specific performance; only refund with interest as stipulated is due.

Court Disposition

Appeal allowed; decree for specific performance set aside; trial court decree for refund and damages affirmed with modification.

Orders

  • Defendants to pay plaintiff Rs. 1,000 plus interest at 6% per annum from date of suit till realisation.
  • Defendants to pay Rs. 500 plus interest at 6% per annum from 8th July, 1977 till realisation.