https://www.taxtmi.com/caselaws?id=172339 Where an agreement to sell provides for return of earnest money if the land is acquired, publication of acquisition notifications under Section 4(1) followed by declaration under Section 6 can make the contemplated sale incapable of performance. In that situation the contract is treated as frustrated and the owner can no longer deal with the property as a free agent. The purchaser's readiness and willingness then loses relevance, and the refund clause becomes enforceable under Section 33 of the Indian Contract Act, 1872. The purchaser was therefore entitled to refund of the earnest money, and the contrary findings below were set aside. en-us Wed, 18 Jan 1995 00:00:00 +0530 Wed, 19 Aug 2015 18:57:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=172339 Where an agreement to sell provides for return of earnest money if the land is acquired, publication of acquisition notifications under Section 4(1) followed by declaration under Section 6 can make the contemplated sale incapable of performance. In that situation the contract is treated as frustrated and the owner can no longer deal with the property as a free agent. The purchaser's readiness and willingness then loses relevance, and the refund clause becomes enforceable under Section 33 of the Indian Contract Act, 1872. The purchaser was therefore entitled to refund of the earnest money, and the contrary findings below were set aside. Case-Laws Indian Laws Wed, 18 Jan 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=172339