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Specific Relief

Muhammedkutty v. Dhanya

Specific Relief Act, 1963 – If the amount received as advance bear a sizeable proportion to the total sale consideration, it cannot, by any stretch of imagination, be stated as earnest money. The amount paid, in such circumstances, can be inferred not as earnest money paid by way of security for performance of contract, but as advance paid as part of the sale consideration to be adjusted at the time of execution of the sale deed.