1. Satish Batra v.

Sudhir Rawal, (2013) 1 SCC 345 [Paras 15 -17]

The earnest money or advanced money paid by a purchaser of an immovable property

as a security for performance of the contract can be forfeited by the seller if purchaser
fails to pay the balance amount.
2. Desh Raj & Ors. v. Rohtash singh , (2023) 3 SCC 714 [Paras 23, 25 and 46]

When time is the essence of a contract in the agreement of sale, and there is a failure
of specific performance, the sale agreement is treated as cancelled and the earnest
money or advanced money is to be forfeited.

3. Ajabrao Marotrao Radhake v. Bhalchandra Vitthalrao Deshpande, 2017 SCC

OnLine Bom 306 Para 12

If agreement was executed but the buyer only paid the earnest money and was in
possession of property, if he fails to prove his readiness and willingness to make the
balance payment on the agreed date, held he is not entitled to Sec 53A of TOPA.

4. Uma Handa v. Sunil Gupta, 2021 SCC OnLine Del 3009, [para 24]

Unregistered agreement to sell cannot avail benefits of Sec 53A of TOPA.

5. Jagannath Khandero Kedar & Anr v. Gopinath Bhimaji Kedar, 2022 SCC OnLine
Bom 1228 [Para 12 &16]

Parties to agreement to sale have no interest in the property.

6. Amol v. Deodar, 2011 SCC OnLine Bom 11 [Para 25]

Agreement to sale does not create any interest or charge on immovable property and
the title remains with the vendor.