Case Law Analysis
|Himachal Pradesh High Court
Section 113 H.P. Tenancy Act | Statutory Prohibition Bars Specific Performance but Mandates Earnest Money Refund with Interest : Himachal Pradesh HC
Himachal Pradesh High Court holds that an agreement to sell land within the 10-year prohibition period under Section 113 of the H.P. Tenancy Act is void and cannot be specifically enforced. However, the court directs a refund of Rs. 8,00,000 earnest money with 6% interest, reinforcing equitable relief where statutory bars prevent contractual enforcement.