Patna High Court: Buyer Who Defaults on Property Sale Agreement Entitled Only to Reduced Refund

The Patna High Court has held that a purchaser who failed to perform his obligations under a property sale agreement cannot seek specific performance of the contract or claim a full refund with additional compensation contrary to the terms agreed between the parties. [...] The Court found that there was no pleading or evidence showing either payment of the stipulated amount or readiness and willingness on the plaintiff's part to make such payment. [...] The High Court held that the defendant could not be penalised by directing payment of compensation when it was the plaintiff who had committed default under the agreement.