Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific Relief Act |
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- Decree of specific performance - Grant of- Discretionary power of Court- Court to see conduct of the party as well as the attending circumstances of the case - Suit for specific performance of the agreement of sale and for grant of decree of permanent injunction - Trial court held that 5th defendant was owner of the suit property pursuant to sale .deed in question and was entitled to take possession of the same from the plaintiff-- High Court reversed the decree, granting decree · for specific performance of the agreement of Sale in favour of respondent No. 1/plaintiff in relation to the suit property- Further, it granted decree of permanent injunction against the defendants restraining them from interfering with respondent No. 1/plaintiff's peaceful possession and enjoyment of the suit property- On appeal, held: High Court failed to take into consideration the very important aspect of the matter, namely, that the agreement of sale in favour of the plaintiff was terminated and he had not sought declaratory relief to declare that the termination of agreement in the original suit was bad in law and therefore the suit for specific performance was not maintainable - Even assuming for the sake of argument that the agreement was subsisting, the suit for specific performance was not maintainable in law in view of the breach of the terms and conditions of the agreement by the plaintiff-Keeping in view the purpose for which the agreement of sale was executed and the time stipulated in the agreement as per clause 6 of the agreement, the contract should have been complied with, within seven months including the extended period but that was not done by the plaintiff - The plaintiff failed to perform his part of the contract- The plaintiff was a defaulter and was not ready and willing to perform his part of contract to purchase the suit property by paying remaining sate· consideration amount to defendant Nos. 1-4 as per the sale agreement and had been seeking time without justification - Grant A • of decree for specific performance by the High Court therefore wholly unsustainable in law. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2013 INSC 577 |
Petitioner | I.s. Sikandar (d) By Lrs. & Ors. |
Respondent | K. Subramani & Ors. |
SCR | [2013] 17 S.C.R. 24 |
Judgement Date | 2013-08-29 |
Case Number | 7306 |
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