Case Law Analysis
|Kerala High Court
Specific Performance | Interest on Advance Payment Accrues from Date of Receipt Upon Seller's Default : Kerala HC
The Kerala High Court ruled that when a seller defaults on a sale agreement, the buyer is entitled to interest on the advance payment from the very date it was made, not from the date of filing suit. This corrects unjust enrichment and aligns restitution principles with commercial reality, impacting all property buyers who advance funds under conditional agreements.