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 …
Adverse possession – the physical fact of exclusive possession and the animus possidendi to hold as owner in exclusion to the actual owner are the most important factors that are to be accounted in cases related to adverse possession. Plea of adverse possession is not a pure question of law but a blend of fact …
Summary – Plaintiffs filed a suit for specific performance of agreement to sale – Trial Court dismissed the suit – Appellate Court and High Court decred – Allowing appeal, the Supreme Court held: Even if the case of later payments by the respondents to the appellants is accepted, the same being at great intervals and …
Alagammal vs Ganesan 2024 INSC 28 :: [2024] 1 S.C.R. 374 – Specific Relief Act Read More »
Specific Relief Act, 1963; Section 28- The application seeking rescission of the decree of specific performance or an application seeking further period for the payment of purchase money or other sum which the court has ordered the judgment debtor to pay in a decree in a suit for specific performance should be filed “in the …
Sanjay Shivashankar Chitkote vs Bhanudas Dadarao Bokade (D) – S 28 Specific Relief Act Read More »
In Bachan Singh vs Swaran Singh (2000) 126 PLR 416, the Punjab and Haryana High Court (Division Bench) held thus: (i) a co-owner who is not in possession of any part of the property is not entitled to seek an injunction against another co-owner who has been in exclusive possession of the common property unless …
Injunction Suit Against Co-Owner Without Seeking Partition Read More »
The Supreme Court in Ambalal Sarabhai Enterprise Ltd. vs. KS Infraspace LLP Ltd., (2020) 5 SCC 410 observed: The grant of relief in a suit for specific performance is itself a discretionary remedy. A plaintiff seeking temporary injunction in a suit for specific performance will therefore have to establish a strong primafacie case on basis of …
Temporary Injunction In Suit For Specific Performance Read More »