Property lawSaleAllahabad High Court

Radha Kishan Das v Bishan Chand

ILR 19 All 489 (1897) (not checked against the printed report)18971 min read
The case in brief30-second read
Facts
A buyer paid a deposit of Rs. 6,500 under a contract to buy property, then failed to pay the balance and other charges. The seller kept Rs. 2,000 and tendered back the rest. The buyer sued to recover the deposit.
Held
The deposit was security for performance, not just part payment. A buyer who breaks the contract cannot recover it.
Principle
A deposit paid by a buyer is security for performance; if the buyer defaults, the seller may keep it and the buyer cannot recover it.
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Facts

  • A buyer paid a deposit of Rs. 6,500 under a contract to buy property, then failed to pay the balance and other charges.
  • The seller kept Rs. 2,000 and tendered back the rest. The buyer sued to recover the deposit.

Held

  • The deposit was security for performance, not just part payment. A buyer who breaks the contract cannot recover it.

Cite this

Citation

Radha Kishan Das v Bishan Chand ILR 19 All 489 (1897) (not checked against the printed report)

Reported: Indian Kanoon doc 1553121 (title and date); case summary from search listing. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.