Specific Relief Act, 1963; Section 31– Section 31 uses the word ‘may’ for getting declared the instrument as void which is not imperative in every case, more particularly when the person is not a party to such an instrument. (Para 23) Property Law– One Coowner of a property alone cannot execute a sale of the …
Specific Relief Act,1963; Section 28– An application under Section 28 of the 1963 Act, either for recission of contract or for extension of time, can be entertained and decided by the Execution Court provided it is the Court which passed the decree in terms of Section 37 of the CPC- An application seeking rescission of …
Ishwar (D) vs Bhim Singh 2024 INSC 651 – S 28 Specific Relief Act – Execution Court Read More »
Specific Relief Act,1963; Section 16- To obtain a decree for specific performance, the plaintiff must aver and prove that he has performed his part of the contract and has always been ready and willing to perform the terms of the contract which are to be performed by him. Section 16(c) of the Specific Relief Act …
Pydi Ramana @ Ramulu vs Davarasety Manmadha Rao 2024 INSC 507 Read More »
Specific Releif Act, 1963; Section 19- In view of clause (b) of Section 19, the defendants who are claiming under the sale deeds executed after the execution of the suit agreement can be subjected to a decree of specific performance as the suit agreement can be enforced specifically against such defendants unless they are bona-fide …
Maharaj Singh vs Karan Singh (D) 2024 INSC 491 – Specific Relief Act Read More »
Limitation Act, 1963; Article 54 – Specific Performance – As per agreement to sell, the sale deed was to be executed and registered within one month i.e. up to 16.01.1990- Agreement to sell also incorporated a clause stating that the said agreement would be valid for five years. Since the sale deed was not executed, …
Usha Devi vs Ram Kumar Singh 2024 INSC 599 – Specific Performance – Limitation Read More »
Specific Relief Act, 1963; Section 16– Relief of specific performance of contract is a discretionary relief. As such, the Courts while exercising power to grant specific performance of contract, need to be extra careful and cautious in dealing with the pleadings and the evidence in particular led by the plaintiffs. The plaintiffs have to stand …
P Ravindranath vs Sasikala 2024 INSC 533 – Specific Relief Act Read More »
Summary – Appeal Against High Court of Kerala judgment that allowed the appeal preferred by the defendant modified the decree passed by the Trial Court whereby, in a suit for specific performance, the Trial Court had directed the defendant no. 1 to refund a sum of Rs. 18,00,000/- (Rs. Eighteen Lakhs only) to the plaintiff- …
R Radhakrishna Prasad vs Swaminathan 2024 INSC 463 – Specific Performance Suit Read More »
Specific Relief Act, 1963,Section 12- In a suit for specific performance wherein the plaintiff is required to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract, a Power of Attorney Holder is not entitled to depose in place and instead of the …
Specific Relief Act, 1963; Section 20 – The grant of a decree for specific performance is always discretionary. The exercise of discretion depends on several factors. One of the factors is the conduct of the plaintiff. The reason is that relief of a decree of specific performance is an equitable relief. A person who seeks …
Specific Relief Act, 1961 – When an agreement to sale is executed but it cannot be specifically performed without permission or sanction of any authority, the suit can be decreed and decree for specific performance can be granted subject to obtaining such permission/sanction from the competent authority – Referred to Nathulal v. Fulchand 1969(3) SCC …