AIR 2003 SUPREME COURT 2362 ::2003 AIR SCW 2351 ::(2003) 94 RevDec 716 ::2003 (3) Supreme 179 ::(2003) 5 IndLD 32 ::2003 (9) SCC 478 ::2003 (2) RecCivR 789 ::(2003) 3 Scale 569 ::2003 (3) All CJ 2237 ::(2003) 3 AllMR 330 (SC) ::2003 (3) All MR 330 ::2003 (4) ACE 256 ::(2003) 51 All LR 271 ::2004 (1) HRR 464 ::2003 (3) ICC 252 ::2004 (2) Pun LR 542 ::2003 (2) LandLR 496 ::2003 (2) LRI 311 ::2003 (3) SLT 39 ::(2003) 3 Supreme 179 ::(2003) 5 AllIndCas 40 (SC) ::2003 (6) SRJ 62

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): R. C. Lahoti, Arun Kumar , JJ

(A) Specific Relief Act (47 of 1963) , S.20— Specific performance - Refusal of relief - Agreement to sell - Between commission agent of fertilizers, the purchaser and farmer, the seller - Purchaser proving agreement - Defence raised by farmer that purchaser had obtained his thumb on plain paper - No evidence on this aspect - Plea could not be outrightly rejected - Only paltry sum paid by purchaser as earnest money - Refusal of relief of specific performance of agreement - Proper - Plaintiff-purchaser entitled to refund of earnest money and costs up to High Court to extent of his success. (Para 6 7) (B) Civil P.C. (5 of 1908) , S.100(4)— Formulation of substantial question of law - Requirement as to in S. 100(4) - Non-compliance despite repeated pronouncements of separate Court is regrettable. (Para 6) .....