Specific performance of the contract-The agreement was an agreement to sell and after entering into the agreement to sell, Appellant received the full sale consideration and handed over the possession to Respondent, the question of exercising any discretionary favour to the appellant does not arise.
The principle under which damages will be awarded u/s 73 of the Indian Contract Act will be different from the principle involved in damages which will be awarded in lieu of specific performance. In the case of damages in lieu of specific performance the same does not result directly or consequentially from out of a breach of a contract as is the cask u/s 73 of the Indian Contract Act. There might be circumstances when the plaintiff might be entitled to specific formic but the Court in its discretion might find that in the special facts of the case the plaintiff should not be awarded specific performance of the contract; but if damages would be awarded in lieu or in substitution thereof then that would amount to granting of a suitable relief. In other words the Court must be in a position to consider that the plaintiff was otherwise entitled to claim specific performance. If that condition would not be fulfilled then there could be no question of the court’s exercising that power of granting relief by way of damages in lieu thereof. The expression “in lieu of specific performance” means and signifies that the relief by way of damages is granted in place of specific performance or in substitution thereof so that adequate relief might be awarded to the plaintiff who was otherwise entitled to such specific performance. Once the plaintiff would abandon his case of specific performance then that would be an end of the matter so far as the relief by way of damages in lieu of specific performance was concerned. As observed herein above, he must not only be ready and willing to perform his part of the contract up to the date of the filing of the suit but also during the continuance thereof so that the Court would be in a position to consider the case of granting relief by way of damages in lieu of specific performance even at the time of the passing of the decree.
Supreme Court in Mahabir Auto Stores and others Vs. Indian Oil Corporation and others held that the State or its instrumentality, when engaged in commercial transactions, must act reasonably, and should inform and […]
Specific performance is an equitable relief and he who seeks equity can be put on terms to ensure that equity is done to the opposite party even while granting the relief. The […]
Grant of compensation by the High Court under Section 21 of the Specific Relief Act in addition to the relief of specfic performance in the absence of prayer made to that effect either in the plaint or amending the same at any legal stage of the proceedings to include the relief of compensation in addition to the relief of specific performance is illegal
Specific Relief Act S.21: Compensation: In Shamsu Suhara Beevi Vs G. Alex and Another [(2004) 8 SCC 569], Supreme Court, while dealing with a matter relating to grant of compensation by the High […]
KEYWORDS:-family arrangements-partial enforcement of contract instead of refusal of specific performance in its entirety- ” the award did not create any right, title or interest in the appellant for the first time, […]
KEYWORDS:- LAWFUL POSSESSION-mesne profits DATE:- 31-10-1973. Lawful possession cannot be established without the concomitant existence of a lawful relationship between the landlord and the tenant. This relationship cannot be established against the […]
KEYWORDS:-POSSESSION DATE:-12-02-1968 AIR 1968 SC 1165 : (1968) 3 SCR 163 (SUPREME COURT OF INDIA) Nair Service Society Ltd. Appellant Versus K. C. Alexander and others Respondent (Before : M. Hidayatullah, S. […]