25 Important Decisions On Specific Performance Of Contract

Case 1: Plaintiff Seeking Temporary Injunction in Specific Performance Suit Has To Show Strong Prima Facie Case on Undisputed Facts: CASE DETAILS: TITLE: Ambalal Sarabhai Enterprise Ltd vs KS Infraspace LLP and another & Haryana Containers Ltd vs KS Infraspace LLP and another. CASE 9: Suit For Specific Performance: Plaintiff Has To Prove And Establish His Readiness And Willingness To Perform His Part Of Contract Throughout: CASE DETAILS : TITLE: Vijay Kumar vs. Om Prakash. FACTS: The trial court, in this case, had dismissed the suit for specific performance holding that the plaintiff failed to prove his readiness and willingness to perform the contract. Therefore, mere fact that the bank has assessed the financial capacity of the appellant while granting loan earlier in respect of another property is not sufficient to discharge of proof of financial capacity in the facts of the present case to hold that the appellant was ready and willing to perform her part of the contract- Justice L. Nageswara Rao and Justice Hemant Gupta CASE 14: Specific Performance: Plea Of Hardship Cannot Be Raised If Not Pleaded In Written Statement: CASE DETAILS: TITLE: Beemaneni Maha Lakshmi vs. Gangumalla Appa Rao JUDGEMENT: The vendor sought to raise the plea of hardship for the first time before this Court and this Court did not permit the vendor to raise such a plea of hardship by observing that as no plea as to hardship if relief for specific performance is granted was raised by the defendant – vendor in written statement nor any issue was framed that the plaintiff – purchaser could be compensated in terms of the money in lieu of decree for specific performance, such plea cannot be entertained for the first time in appeal by way of SLP, more so, when there are concurrent findings that the plaintiff was ready and willing to perform his part of the contract has been recorded by the lower courts. CASE 16: Relief of specific performance of agreement cannot be denied on ground of efflux of time and escalation of price of property CASE DETAILS: TITLE: Satya Jain v. Anis Ahmed Rushdie, 8 SCC 131 JUDGEMENT: Relief of specific performance of agreement cannot be denied on ground of efflux of time and escalation of price of property meanwhile - However, in order to balance both the issues, based on plaintiff's offer Supreme Court awarded additional compensation to vendor by granting market value than what had been stipulated in agreement.