Major Gen.Darshan Singh (D) By Lrs.. vs Brij Bhushan Chaudhary (D) By Lrs.

insc-2024-157 Supreme Court of India 1 March 2024 • CIVIL APPEAL NO. 9360 OF 2013 • 10 min read

Judges (2)

Parties (2)

Case Significance

Major Gen.Darshan Singh (D) By Lrs.. vs Brij Bhushan Chaudhary (D) By Lrs. is a Supreme Court of India decision dated March 1, 2024 (citation: insc-2024-157). A specific performance suit over a property sale agreement in Chandigarh where the defendant agreed to sell a residential plot for Rs.3,50,000 with a clause limiting his liability to refund of earnest money plus Rs.10,000 damages. The Supreme Court upheld the denial of specific performance, finding the plaintiffs made false and material statements in the plaint about the consideration amount and readiness to pay. The appeal was partly allowed only to the extent of awarding 6% interest on the The bench comprised Justices Abhay S. Oka and Sanjay Karol. The judgment was delivered by Justice Abhay S. Oka.

Summary

A specific performance suit over a property sale agreement in Chandigarh where the defendant agreed to sell a residential plot for Rs.3,50,000 with a clause limiting his liability to refund of earnest money plus Rs.10,000 damages. The Supreme Court upheld the denial of specific performance, finding the plaintiffs made false and material statements in the plaint about the consideration amount and readiness to pay. The appeal was partly allowed only to the extent of awarding 6% interest on the Rs.40,000 damages from the date of the Trial Court decree.

What was the outcome of Major Gen.Darshan Singh (D) By Lrs.. vs Brij Bhushan Chaudhary (D) By Lrs.?

A specific performance suit over a property sale agreement in Chandigarh where the defendant agreed to sell a residential plot for Rs.3,50,000 with a clause limiting his liability to refund of earnest...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (insc-2024-157)