As per Section 73 of the Indian Contract Act, a plaintiff shall be entitled to the refund of the amount of sale consideration paid, with interest.

Quick Summary
This Supreme Court judgement clarifies that if a contract for sale is breached, the plaintiff is entitled to a refund of the sale consideration paid, along with interest. This ruling stems from a case where land was agreed to be sold, a significant portion of the price was paid, but the seller failed to execute the sale deed. Subsequently, the land was acquired, leading the court to affirm the buyer's right to recover their money with interest.

Court :
Supreme Court of India

Brief :
Feeling aggrieved and dissatisfied with the impugned judgment and order dated 23.09.2016 passed by the High Court of Punjab and Haryana at Chandigarh in R.S.A. No. 4848/2016, by which the High Court has disposed of the said second appeal modifying the judgment and decree for specific performance qua agreement to sell which was in favour of the original plaintiff to the extent holding that the respondent-original plaintiff shall be deemed to have stepped into the shoes of the vendor and shall be entitled to the entire amount of compensation along with solatium and interest etc. owing to the acquisition of the land, the original defendant has preferred the present appeal.

Citation :
CIVIL APPEAL NO. 1653 OF 2021

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