Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Specific Relief Act, 1963

Thursday, November 01, 2012
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 20 — Jurisdiction to grant specific performance is discretionary.

 
Thursday, May 17, 2012
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 6 — Suit for injunction — Caretaker can never sue a valid title-holder of the property under Section 6 of the Specific Relief Act, 1963.

 
Wednesday, January 25, 2012
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) — In a suit for specific performance of a contract, the plaintiff has to specifically aver that he has performed or has always been ready and willing to perform the essential terms of the contract — If he fails to specifically aver that that he has performed or has always been ready and willing to perform his part of the contract, the decree for specific performance cannot be granted by the Court.

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) — Omission to take up specific plea mandated in terms of Section 16(c), held, cannot be covered up by taking the plea of typographical error — Act of neglecting to perform an action which one has an obligation to do cannot be called as a typographical error.

 
Tuesday, January 17, 2012
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 10, Explanation(i) — Held, it is true that explanation (i) to Section 10 of the Act provides that unless and until the contrary is proved, the Court shall presume that breach of contract to transfer immovable property cannot be adequately relieved by compensation in money — However, this presumption is not an irrebuttable one.

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Sections 12, 14 and 20 — The specific performance of the agreement, held, cannot be granted where there is a finding that the agreement is incapable of being performed inspite of the offer of relinquishment.  

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 12(3) — Scope of — Held, Section 12(3) of the Act permits a party to an agreement to relinquish a part of the agreement which is not enforceable — However, it should be possible to identify and demarcate that part of the agreement which is not to be enforced — Relinquishment has to be unambiguous.

 
Friday, June 03, 2011
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 20 — Held, Section 20 of the Specific Relief Act, 1963 confers discretionary powers.

 
Wednesday, December 08, 2010
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) — “Readiness and willingness” to perform the part of the contract has to be determined/ascertained from the conduct of the parties. 

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) — Readiness to perform must be established throughout the relevant points of time.

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) — Compliance of — Even in the absence of specific plea by the opposite party, it is the mandate of the statute that plaintiff has to comply with Section 16(c) of the Specific Relief Act and when there is noncompliance with this statutory mandate, the Court is not bound to grant specific performance and is left with no other alternative but to dismiss the suit.

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) — “Readiness and willingness” — In a suit for specific performance, the plaintiff must allege and prove a continuous “readiness and willingness” to perform the contract on his part from the date of the contract — The onus is on the plaintiff.

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) — Distinction between “readiness” and “willingness” — The distinction between “readiness” and “willingness” is that the former refers to financial capacity and the latter to the conduct of the plaintiff wanting performance — Generally, readiness is backed by willingness.

 
Friday, October 15, 2010
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) — Readiness and willingness to perform the essential terms of the contract — Held, If a plaintiff has to prove that he was always ready and willing to perform his part of the contract, that is, to perform his obligations in terms of the contract, necessarily he should step into the witness box and give evidence that he has all along been ready and willing to perform his part of the contract and subject himself to cross examination on that issue — A plaintiff cannot obviously examine in his place, his attorney holder who did not have personal knowledge either of the transaction or of his readiness and willingness — Readiness and willingness refer to the state of mind and conduct of the purchaser, as also his capacity and preparedness on the other — One without the other is not sufficient — Therefore a third party who has no personal knowledge cannot give evidence about such readiness and willingness, even if he is an attorney holder of the person concerned.

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) — Held, Section 16(c) of the Act mandates the plaintiff to aver in the plaint and establish the fact by evidence aliunde that he has always been ready and willing to perform his part of the contract — Therefore, the decision [2005 (7) SCC 534] merely reiterates the need for both pleadings and proof in regard to readiness and willingness of the plaintiff.

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) — Held, a person who fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him (other than the terms the performance of which has been prevented or waived by the defendant) is barred from claiming specific performance — Therefore, even assuming that the defendant had committed breach, if the plaintiff fails to aver in the plaint or prove that he was always ready and willing to perform the essential terms of contract which are required to be performed by him (other than the terms the performance of which has been prevented or waived by the plaintiff), there is a bar to specific performance in his favour — Therefore, the assumption of the respondent that readiness and willingness on the part of plaintiff is something which need not be proved, if the plaintiff is able to establish that defendant refused to execute the sale deed and thereby committed breach, is not correct — Let us give an example. Take a case where there is a contract for sale for a consideration of Rs.10 lakhs and earnest money of Rs.1 lakh was paid and the vendor wrongly refuses to execute the sale deed unless the purchaser is ready to pay Rs.15 lakhs. In such a case there is a clear breach by defendant. But in that case, if plaintiff did not have the balance Rs.9 lakhs (and the money required for stamp duty and registration) or the capacity to arrange and pay such money, when the contract had to be performed, the plaintiff will not be entitled to specific performance, even if he proves breach by defendant, as he was not ‘ready and willing’ to perform his obligations. 

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 23 — Held, it is evident from section 23 of the Act that even where the agreement of sale contains only a provision for payment of damages or liquidated damages in case of breach and does not contain any provision for specific performance, the party in breach cannot contend that in view of specific provision for payment of damages, and in the absence of a provision for specific performance, the court cannot grant specific performance — But where the provision naming an amount to be paid in case of breach is intended to give to the party in default an option to pay money in lieu of specific performance, then specific performance may not be permissible.

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) — Readiness and willingness to perform the essential terms of the contract — Whether attorney holder of the person concerned (plaintiff) can give evidence? — Held, no — A plaintiff cannot obviously examine in his place, his attorney holder who did not have personal knowledge either of the transaction or of his readiness and willingness — Readiness and willingness refer to the state of mind and conduct of the purchaser, as also his capacity and preparedness on the other — One without the other is not sufficient — Therefore a third party who has no personal knowledge cannot give evidence about such readiness and willingness, even if he is an attorney holder of the person concerned.

 
Friday, March 05, 2010
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 6(1) — Word “Dispossessed” — A person is said to have been dispossessed when he has been deprived of his possession; such deprivation may be of actual possession or legal possession.

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 6 — Specific Relief Act, 1877, Section 9 — Civil Procedure Code, 1908, Order 1 Rule 10 — Where a tenant in exclusive possession is dispossessed forcibly by a person other than landlord, landlord, held,  can maintain a suit under Section 6 of Specific Relief Act, 1963 against such person for immediate possession — Further held, tenant is not a necessary party in such a suit — View of the Calcutta, Bombay, Patna, Pepsu and Rajasthan High Courts is the correct view — The views expressed by Madras High Court in Veeraswami Mudali AIR 1926 Madras 18 and (Kanneganti) Ramamanemma AIR 1934 Madras 558 and by Nagpur Judicial Commissioner in the case of Ramchandra AIR 1928 Nagpur 313 do not lay down the correct law.

 
Sunday, August 16, 2009
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) — Held, Section 16(c) of the Specific Relief Act, 1963 mandates that the discretionary relief of specific performance of the contract can be granted only in the event the plaintiff not only makes necessary pleadings but also establishes that he had all along been ready and willing to perform his part of contract — Such readiness and willingness on the part of the plaintiff is not confined only to the stage of filing of the plaint but also at the subsequent stage, viz., at the hearing.

 
Sunday, March 15, 2009
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) — Contention that for the purpose of establishing the plea of readiness and willingness on the part of the vendee, it was not necessary to prove that she had enough liquid cash in her hand inasmuch as for the said purpose it would be sufficient to show that she could arrange such an amount for payment of consideration at the appropriate stage — Held, tenable — It was not necessary that the entire amount of consideration should be kept ready and the plaintiff must file proof in respect thereof.

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) — Held, Section 16(c) of the Specific Relief Act, 1963 postulates continuous readiness and willingness on the part of the plaintiff — It is a condition precedent for obtaining a relief of grant of specific performance of contract — The court, keeping in view the fact that it exercises a discretionary jurisdiction, would be entitled to take into consideration as to whether the suit had been filed within a reasonable time — What would be a reasonable time would, however, depend upon the facts and circumstances of each case — No hard and fast law can be laid down therefor — The conduct of the parties in this behalf would also assume significance.  

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) — Held, not only the original vendor but also a subsequent purchaser would be entitled to raise a contention that the plaintiff was not ready and willing to perform his part of contract.

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) — Plaintiff who is a Muslim lady, did not examine herself and got examined on her behalf, her husband — Held, the same by itself would lead to a conclusion that she was not ready and willing to perform her part of contract.  

 
Wednesday, March 11, 2009
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 6 — Criminal Procedure Code, 1973, Section 145(6) — Specific Relief Act, held, has no application to a proceeding under Section 145 Cr.P.C. — High Court, in the present case, erred in holding that the appellants should have come for an order under Section 145(6) of the Code within six months from the date of dispossession, as provided in Section 6 of the said Act.   

 
Tuesday, May 13, 2008
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) — Plaintiff specifically averring in the plaint that he is willing to comply with all terms and conditions of the agreement — One of the terms in the agreement related to payment of interest — High Court, however, held that the said statement cannot be construed to mean that the plaintiff was ready to pay the amount of the interest and he should have specifically pleaded that he was ready and willing to pay interest — Held, conclusion of the High Court that there is no specifically regarding readiness to pay interest is contrary to the factual scenario — Judgment of the High Court set aside — Matter remitted back — Appeal allowed.

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) — Held, Section 16(c) of the Act mandates the plaintiff to aver in the plaint and establish as the fact by evidence aliunde that he has always been ready and willing to perform his part of the contract.

 
Tuesday, December 11, 2007
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) read with Explanation (ii) — The basic principle behind Section 16(c) read with Explanation (ii) is that any person seeking benefit of the specific performance of contract must manifest that his conduct has been blemishless throughout entitling him to the specific relief — The provision imposes a personal bar — The Court is to grant relief on the basis of the conduct of the person seeking relief — If the pleadings manifest that the conduct of the plaintiff entitles him to get the relief on perusal of the plaint he should not be denied the relief.

 
Thursday, June 14, 2007
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 28 — Court while decreeing the suit for specific performance had directed the defendants-respondents to execute the sale-deed within two months from the date of the decree on payment of the balance sale price of Rs.1,30,000/- by the plaintiff — Plaintiff failed to pay balance sale consideration within the time allowed by the Court — Held, Court has power to extend time. 

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 28 — This section gives to the Vendor or lessor the right to seek rescission in the same suit, when after the suit for specific performance is decreed the plaintiff fails to pay the purchase money within the period fixed.

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — The decree for specific performance has been described as a preliminary decree.

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 28 — The power under Section 28 of the Act is discretionary and the Court cannot ordinarily annul the decree once passed by it.

 
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 28 — Although the power to annul the decree exists yet Section 28 of the Act provides for complete relief to both the parties in terms of the decree.

 
Wednesday, June 13, 2007
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 20 — If the vendor had agreed to sell the property which can be transferred only with the sanction of some government authority and later backs out, the vendee can obtain a decree of specific performance of the contract — Vendor cannot contend that permission from government authority is a condition precedent for passing a decree for specific performance of the contract as permission from government authority can be obtained subsequent to execution of sale-deed — Further held, if after the grant of the decree of specific performance of the contract, government authority refuses to grant permission for sale, decree-holder may not be in a position to enforce the decree but it cannot be held that such a permission is a condition precedent for passing a decree for specific performance of the contract.

 
Wednesday, March 14, 2007
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16(c) read with Explanation (ii) — Specific performance — Benefit of — Held, any person seeking benefit of the specific performance of contract must manifest that his conduct has been blemishless throughout entitling him to the specific relief — The provision imposes a personal bar — The Court is to grant relief on the basis of the conduct of the person seeking relief — If the pleadings manifest that the conduct of the plaintiff entitles him to get the relief on perusal of the plaint he should not be denied the relief.

 
Monday, May 22, 2006
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 39 — Easements Act, 1882, section 60(b) — Expiry of licence period — Licensee not vacating — Whether suit for mandatory injunction with a prayer to direct the licensee to vacate the premises is maintainable? — Held, suit for mandatory injunction is maintainable if  suit  is filed within a reasonable time — In the present case licence period expired, but  suit for mandatory injunction filed after 9 months — Held, suit filed within reasonable time — Appeal allowed.

 
Friday, January 20, 2006
Specific Relief Act, 1963

Specific Relief Act, 1963 — Section 16 (c) — In a suit for specific performance of the contract, held, the plaintiff must prove that he was ready and willing to perform his part of the contract continuously between the date of the contract and the date of hearing of the suit.

 
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