18 Nov 2025 09:19 AM
Supreme Court
Supreme Court

Agreement to Sell--Earnest Money Refunded

Suit for specific performance is not liable to be decreed if the buyer had accepted the refund of majority of the earnest money of advance consideration, during pendency of the civil suit

Agreement to Sell--Suppression of Material Fact--Buyer in his plaint had not disclosed that prior to institution of suit, seller had issued a letter cancelling the agreement and returned the substantial amount paid as earnest money--Buyer not entitled for relief of specific performance

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