Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific Relief Act 1963 |
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: s. 20 - Scope of - Held: s. 20 preserves discretionary power of court- Discretion must be exercised in accordance with sound and reasonably judicial principles. s. 20 - Specific performance of the agreement written in a quarter sheet of paper - High Court relying upon said agreement since the said quarter sheet of paper was produced before the Magistrate in a criminal proceeding - Correctness of - Held: High Court was not correct in relying upon the document although it was executed on a quarter sheet of paper and not on a proper stamp paper - High Court also misdirected itself in law in holding that there was no need for the plaintiff to have sought for the opinion of the expert regarding the execution of the document- The evidence and the finding recorded by the criminal courts in a criminal proceeding cannot be the conclusive proof of existence of any fact, particularly, the existence of agreement to grant a decree for specific performance without independent finding recorded by the Civil Court - It is not a fit case where the discretionary relief for specific performance is to be granted in favour of the plaintiff-respondent. Oral contract- Suit for.specific performance of contract - Held: Can be decreed on the basis of oral contract-However, heavy burden lies on the plaintiff to prove that there was consensus ad idem between the parties for the concluded agreement. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2015 INSC 625 |
Petitioner | K. Nanjappa (dead) By Lrs. |
Respondent | R.a. Hameed Alias Ameersab (dead) By Lrs. And Another |
SCR | [2015] 11 S.C.R. 822 |
Judgement Date | 2015-09-02 |
Case Number | 8224 |
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