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PETITIONER: LALA DURGA PRASAD AND ANOTHER
Vs.
RESPONDENT: LALA DEEP CHAND AND OTHERS.
DATE OF JUDGMENT: 18/11/1953
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN MUKHERJEA, B.K. BHAGWATI, NATWARLAL H.
CITATION: 1954 AIR 75 1954 SCR 360 CITATOR INFO : R 1967 SC 978 (10) F 1971 SC1238 (9) RF 1973 SC 655 (6) RF 1982 SC 818 (2)
ACT: Specific performance-Agreement for sale of land-Suit by purchaser against vendor and subsequent transferee for specific performance-Form of decree-Refund of money paid by subsequent transferee-Contract-Dispute arising subsequently as to form of warranty-Whether repudiation.
HEADNOTE: A dispute arising, subsequent to a contract for sale of land, about the particular form in which the warranty of title should be inserted in the sale deed cannot affect the completeness of the contract already made, nor can it amount to a repudiation of the contract when the party who wanted a particular form to be adopted does not persist in it and expresses his readiness and willingness to perform the contract agreed to. Even it a party insists on a particular form that would not affect the contract, though it may in certain circumstances disentitle him to specific performance. Bindeshri Prasad v. Mahant Jairam Gir (I.L.R. 9 All. 705) referred to. In a suit instituted by a purchaser against th...