Supreme Court of India Judgements

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Category: Specific Performance

Specific Performance

Held, In evaluating whether the plaintiff was ready and willing to perform his obligations under the contract, it is not only necessary to view whether he had the financial capacity to pay the balance consideration, but also assess his conduct throughout the transaction – the escalation of the price of the suit property, and whether one party will unfairly benefit from the decree – Remedy provided must not cause injustice to a party, specifically when they are not at fault.

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHENBAGAM AND OTHERS — Appellant Vs. KK RATHINAVEL — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S. Bopanna, JJ. ) Civil Appeal…

Specific Performance

Suit for specific performance – Agreement to sell – whether the agreement to sell in this case is in the teeth of Section 23 of the Contract Act – Contract was unenforceable for reason that it clearly, both expressly and impliedly, would defeat the object of the Rules, which are statutory in nature – Suit specific performance was not maintainable – Appeal allowed.

Jan 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH G.T. GIRISH — Appellant Vs. Y. SUBBA RAJU (D) BY LRS AND ANOTHER — Respondent ( Before : K.M. Joseph and Pamidighantam Sri Narasimha,…

Specific Performance

A bona fide purchaser long prior to the institution of the suit for specific performance by the Respondent, specific performance could not be enforced against her or her transferees as they would fall within the exception of transferee for value who had paid money in good faith and without notice of the original contract – Appellant would fall within the exception set out in Section 19(b) of the Specific Relief Act, being transferees who had paid money in good faith and without notice of the original contract.

Jan 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SEETHAKATHI TRUST MADRAS — Appellant Vs. KRISHNAVENI — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. ) Civil Appeal Nos. 5384-5385…

Specific Performance

Agreement to sell – Joint Hindu Family Property – Agreement to sell cannot be set aside on the ground of absence of legal necessity – whether the alienation was in need for legal necessity as enumeration on what would be legal necessity is unpredictable and would depend upon facts of each case.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BEEREDDY DASARATHARAMI REDDY — Appellant Vs. V. MANJUNATH AND ANOTHER — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Civil Appeal…

Specific Performance

Specific performance of Agreement – Not to grant the decree of specific performance despite the execution of the agreement to sell is proved; part sale consideration is proved and the plaintiff is always ready and willing to perform his part of the contract would encourage the dishonesty. In such a situation, the balance should tilt in favour of the plaintiff rather than in favour of the defendant – executant of the agreement to sell, while exercising the discretion judiciously. HELD Section 10(a) and now the specific performance is no longer a discretionary relief. As such the question whether the said provision would be applicable retrospectively or not and/or should be made applicable to all pending proceedings including appeals is kept open. However, at the same time, as observed hereinabove, the same can be a guide.

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUGHAR SINGH — Appellant Vs. HARI SINGH (DEAD) THROUGH LRS. AND OTHERS — Respondent ( Before : M.R. Shah and Aniruddha Bose, JJ. )…

Specific Performance

Land Acquisition – Specific performance – Power to award compensation-Decree for compensation is passed as an alternate decree and in lieu of the decree for specific performance – High Court has rightly observed and held that the plaintiff shall be entitled to the entire amount of compensation awarded under the Land Acquisition Act together with interest and solatium.

May 2, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUKHBIR — Appellant Vs. AJIT SINGH — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ. ) Civil Appeal No. 1653…

Specific Performance

A suit for specific performance cannot be dismissed on the sole ground of delay or laches – Escalation of prices cannot be the sole ground to deny specific performance -However, an exception to this rule is where an immovable property is to be sold within a certain period, time being of the essence, and it is not found that owing to some default on the part of the plaintiff, the sale could not take place within the stipulated time.

Apr 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH A.R. MADANA GOPAL ETC.ETC. — Appellant Vs. M/S RAMNATH PUBLICATIONS PVT. LIMITED AND ANOTHER — Respondent ( Before : L. Nageswara Rao and S.…

Specific Performance

Suit for specific performance filed within limitation cannot be dismissed on the sole ground of delay or laches. HELD discretion of the Court whether some additional amount ought or ought not to be paid by the plaintiff once a decree of specific performance is passed in its favour, even at the appellate stage.

Oct 18, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH FERRODOUS ESTATES (PVT.) LIMITED — Appellant Vs. P. GOPIRATHNAM (DEAD) AND OTHERS — Respondent ( Before : R.F. Nariman and Navin Sinha, JJ. )…

Specific Performance

Clever ploys cannot always pay dividends. HELD a short-cut was found by the petitioner/plaintiff to retain the plaint as such, but to seek permission to pay deficit court fee, as though what was filed in the first instance was actually a suit for specific performance. Such a dubious approach should not be allowed .

Feb 10, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ATMA RAM — Appellant Vs. CHARANJIT SINGH — Respondent ( Before : N.V. Ramana and V. Ramasubramanian, JJ. ) Special Leave Petition (C) No.27598…

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