Plaintiff Is Entitled To Specific Performance Of Contract Only If He Sticks To Original Terms Of Contract: Kerala HC [Read Judgment]
7 years, 3 months ago

Plaintiff Is Entitled To Specific Performance Of Contract Only If He Sticks To Original Terms Of Contract: Kerala HC [Read Judgment]

Live Law  

The High Court of Kerala has held that a plaintiff is entitled to specific performance of contract only if he sticks to the original terms of the contract. Any variance from the original terms, even if such variance is to the benefit of the defendant, will disentitle him from seeking the discretionary relief of specific performance. The court found that the subsequent offer resulted in variation of the original contract and that the plaintiff could not seek specific performance of original contract in such circumstances. The plaintiff will be entitled to specific performance of Ext.A2 agreement only if he sticks on to its terms throughout as is enjoined under Section 16 of the Specific Relief Act, 1963.

Contract Kerala Specific Performance Original Offer Plaintiff Terms Ext Original Terms  read  court  offer  variance  agreement  original  plaintiff  terms  specific  performance  judgment  kerala  contract  sticks

History of this topic

Know The Law | When Can Part Performance Of Contract Be Allowed As Per Section 12(3) Specific Relief Act?
Trending News
2 months, 1 week ago

Know The Law | When Can Part Performance Of Contract Be Allowed As Per Section 12(3) Specific Relief Act?

Live Law  

The Supreme Court ruled that part performance of the contract under Section 12 of the Specific Relief Act, 1963 cannot be claimed when the unperformed portion is substantial and non-segregable, and the plaintiff neither relinquishes claims for the unperformed part or damages nor shows readiness to perform the contract. As per Section 12 of the SRA, for claiming a part …

Know The Law | When Can Part Performance Of Contract Be Allowed As Per Section 12(3) Specific Relief Act?
Trending News
2 months, 1 week ago

Know The Law | When Can Part Performance Of Contract Be Allowed As Per Section 12(3) Specific Relief Act?

Live Law  

The Supreme Court ruled that part performance of the contract under Section 12 of the Specific Relief Act, 1963 cannot be claimed when the unperformed portion is substantial and non-segregable, and the plaintiff neither relinquishes claims for the unperformed part or damages nor shows readiness to perform the contract. As per Section 12 of the SRA, for claiming a part …

Party Seeking Specific Performance Of Contract Has To Prove Readiness And Willingness To Perform Their Part: Allahabad High Court Reiterates
3 months, 2 weeks ago

Party Seeking Specific Performance Of Contract Has To Prove Readiness And Willingness To Perform Their Part: Allahabad High Court Reiterates

Live Law  

The court further referred to various Supreme Court's decisions including Jagjit Singh Through LRs. The Allahabad High Court has reiterated that in a suit for Specific Performance, the party filing has to necessarily show that they are, or have been ready and willing to perform their part of the contract before pursuing such a direction. Thus, they filed a second …

Conduct Of Plaintiff Crucial In A Suit Of Specific Performance: Supreme Court
3 years, 2 months ago

Conduct Of Plaintiff Crucial In A Suit Of Specific Performance: Supreme Court

Live Law  

The Supreme Court observed that the conduct of a plaintiff is very crucial in a suit for specific performance and the same has to be assessed by the Courts.In evaluating whether the plaintiff was ready and willing to perform his obligations under the contract, it is not only necessary to view whether he had the financial capacity to pay the …

25 Important Decisions On Specific Performance Of Contract
4 years, 8 months ago

25 Important Decisions On Specific Performance Of Contract

Live Law  

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 …

Relief Of Specific Performance Can Be Refused For Non Performance Of An Essential Promise In Contract: SC [Read Judgment]
5 years, 6 months ago

Relief Of Specific Performance Can Be Refused For Non Performance Of An Essential Promise In Contract: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a vendee who does not perform one of the essential promises in a contract is not entitled to the discretionary relief of specific performance of that very contract.In the resisting the suit for specific performance, the defendant had raised the plea that since the plaintiff had admittedly failed to pay the rent of the …

High Court Rules on Specific Performance of Contract: Plaintiff Must Stick to Original Terms
7 years, 3 months ago

High Court Rules on Specific Performance of Contract: Plaintiff Must Stick to Original Terms

Live Law  

The High Court of Kerala has held that a plaintiff is entitled to specific performance of contract only if he sticks to the original terms of the contract. Any variance from the original terms, even if such variance is to the benefit of the defendant, will disentitle him from seeking the discretionary relief of specific performance.

Discover Related