This judgment is about the Delhi High Court upholding a decree for refund of ₹1.50 crore paid under an Agreement to Sell, holding that the amount was part payment, not earnest money, and the seller failed to prove any loss to justify forfeiture.

Case Snapshot

• Case Name: Sh. K.G. Krishnamurthy v. Smt. Vijeta Gupta

• Citation / Neutral Citation: RFA 268/2021; 2026:DHC:9735

• High Court: High Court of Delhi at New Delhi

• Bench: Hon’ble Ms. Justice Neena Bansal Krishna

• Date of Judgment: 02.11.2026

• Area of Law: Indian Contract Act, 1872 — Sections 73 and 74; Earnest Money vs Part Payment; Order XLI Rule 27 CPC

Judgment Headline

Delhi High Court Holds ₹1.50 Crore Was Part Payment, Not Earnest Money; Refuses Forfeiture

The Judgment in One Line

The Delhi High Court dismissed an appeal against a decree for refund of ₹1.50 crore, holding that the amount was part payment of sale consideration and the s

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