Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit for specific performance Specific Relief Act 1963 Agreement to sell property Subsequent rise in price |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Specific Relief Act, 1963 - ss.16(c) and 20- Specific performance of contract -Agreement to sell property- Suit for specific performance of the agreement - Held: Remedy for specific performance is an equitable remedy- The Court while granting relief for specific performance exercises discretionary jurisdiction - Discretion must be exercised in accordance with sound and reasonable judicial principles - On facts, High Court erred in holding that the agreement was executed by respondent without free mind and volition and under some pressure - Once an agreement to sell is legal and validly proved and further requirements for getting such a decree is established then the Court has to exercise its discretion in favour of granting relief for specific performance. Specific Relief Act, 1963- ss.16(c) and 20- Specific performance of contract - Agreement to sell property - Subsequent rise in price - Effect - Held: Rise in price is a normal change of circumstances and, therefore, on that ground a decree for specific performance cannot be reversed - However, the court may take notice of the fact that there has been an increase in the price of the property and considering the other facts and circumstances of the case, while granting decree for specific performance can impose such condition which may to some extent compensate the defendant-owner of the property. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2014 INSC 659 |
Petitioner | K.prakash |
Respondent | B.r. Sampath Kumar |
SCR | [2014] 13 S.C.R. 702 |
Judgement Date | 2014-09-22 |
Case Number | 9047 |
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