MUKUL SHARMA versus ORION INDIA (P) LTD. THROUGH ITS MANAGING DIRECTOR

MUKUL SHARMA versus ORION INDIA (P) LTD. THROUGH ITS MANAGING DIRECTOR

Since the respondent-defendant accepted the plaintiff's definition that built-up area excludes common areas through written communications and cannot resile from this mutually agreed position, the trial court's decree is restored.

Parties
Appellant: Mukul Sharma; Respondent: Orion India (P) Ltd. through its Managing Director
Jurisdiction
India
Judgment Date
10 May 2016
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Specific Performance, Interpretation of Contract Terms, Definition of Built Up Area
Contract Law Property Law Specific Performance Interpretation of Contract Terms Definition of Built Up Area

Case Brief

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Parties

Mukul Sharma

Appellant

Orion India (P) Ltd. through its Managing Director

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether 'built-up area' includes common area as per agreement
  2. 2 Whether plaintiff is entitled to specific performance

Ratio Decidendi

Since the respondent-defendant accepted the plaintiff's definition that built-up area excludes common areas through written communications and cannot resile from this mutually agreed position, the trial court's decree is restored.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of the High Court set aside with regard to findings on 'built-up area'.
  • Trial court's decree restored.