Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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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 Suit for specific performance

Thursday, November 01, 2012
Suit for specific performance

Suit for specific performance — Civil Procedure Code, 1908, Order 7 Rule 11(a) & 11(d), Order 7 Rule 6 and Forms 47 and 48 of Appendix A of the Code — Date of agreement not given in plaint — Held, failure to mention date violates the statutory requirement and if the date is one which attracts the bar of limitation, the plaint has to conform to Order VII Rule 6 and specifically plead the ground upon which exemption from limitation is claimed.  

 
Friday, June 03, 2011
Suit for specific performance

Suit for specific performance — Property located in urban area — Held, since the value of property escalates in urban areas very fast, it would not be equitable to grant specific performance after a lapse of long period of time.

 
Friday, October 15, 2010
Suit for specific performance

Suit for specific performance — Held, in a suit for specific performance, the plaintiff should not only plead and prove the terms of the agreement, but should also plead and prove his readiness and willingness to perform his obligations under the contract in terms of the contract — Specific Relief Act 1963, Section 16(c). 

 
Suit for specific performance

Suit for specific performance — To succeed in a suit for specific performance, the plaintiff has to prove: (a) that a valid agreement of sale was entered by the defendant in his favour and the terms thereof; (b) that the defendant committed breach of the contract; and (c) that he was always ready and willing to perform his part of the obligations in terms of the contract. 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, Section 16(c).

 
Suit for specific performance

Suit for specific performance — The agreement, in the present case, does not specifically provide for specific performance — Nor does it bar specific performance — It provides for payment of damages in the event of breach by either party — The provision for damages in the agreement is not intended to provide the vendor an option of paying money in lieu of specific performance — Therefore, plaintiff, held,  will be entitled to seek specific performance (even in the absence of a specific provision therefor) subject to his proving breach by the defendant and that he was ready and willing to perform his obligation under the contract, in terms of the contract — Specific Relief Act 1963, Section 16(c).

 
Saturday, July 24, 2010
Suit for specific performance

Suit for specific performance — Whether a court has the power to pass an order directing a plaintiff in a suit for specific performance (or any other suit), to file an undertaking that in the event of not succeeding in the suit, he shall pay Rs.25 lakhs (or any other sum) by way of damages to the defendant? — Held, no. 

 
Suit for specific performance

Suit for specific performance — Civil Procedure Code, 1908, Order 39 — Transfer of Property Act, 1882, Section 52 — Normally in a suit for specific performance and that too dealing with an immovable property, a party would seek interim protection — The appellant has not done so — Held, it is an ingenious method of keeping a suit alive without claiming interlocutory relief and creating a cloud over a property in view of the provisions of Section 52 of Transfer of Property Act — Permission granted to defendants-respondents under section 52 of TP Act, to deal with or dispose of the suit property in the manner they deem fit, in spite of the pendency of the suit by the plaintiff, subject to their furnishing security to an extent of Rs. Three lakhs.

 
Suit for specific performance

Suit for specific performance — When a suit for specific performance is filed alleging an oral agreement without seeking any interim relief, the defendant will not even have an opportunity to seek a prima facie finding on the validity of the claim — Filing such a suit is an ingenious way of creating a cloud over the title to the suit property — Such a suit, filed is likely to be pending for a decade or more — Even if a defendant-owner asserts that his property is not subject to any agreement and the said assertion is ultimately found to be true, his freedom to deal with the property as he likes or to realize its true market value by sale or transfer is adversely affected during the pendency of the suit — The ground reality is that no third party would deal with a property in regard to which a suit for specific performance is pending — This enables an unscrupulous plaintiff to cajole and persuade a defendant to sell/give the property on plaintiff’s terms, or force the defendant to agree for some kind of settlement.

 
Thursday, June 14, 2007
Suit for specific performance

Suit for Specific Performance — A suit for specific performance does not come to an end on passing of a decree and the Court which has passed the decree for specific performance retains the control over the decree even after the decree has been passed.

 
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