January 08, 2019
In this recent case, the Supreme Court delved into the material questions that are to be considered for grant of relief of specific performance. The Court outlined 5 such questions in the case. Read here to know more…
Case name: Kamal Kumar v. Premlata Joshi
The appeal in the case challenges judgment passed by the High Court, whereby the Court had dismissed Appellant’s suit against the respondents claiming specific performance of the contract in relation to the suit land.
The Two-Judge Bench of the Supreme Court while deciding the case at hand delved into the material question that are to be considered for grant of the relief of specific performance.
The Apex Court stated that the grant of relief of specific performance is a discretionary and equitable relief and the material questions to be considered in such cases are:
- Whether there exists a valid and concluded contract between the parties for sale/purchase of the suit property;
- Whether the plaintiff has been ready and willing to perform his part of contract and whether he is still ready and willing to perform his part as mentioned in the contract;
- Whether the plaintiff has, in fact, performed his part of the contract and, if so, how and to what extent and in what manner he has performed and whether such performance was in conformity with the terms of the contract;
- Whether it will be equitable to grant the relief of specific performance to the plaintiff against the defendant in relation to suit property or it will cause any kind of hardship to the defendant and, if so, how and in what manner and the extent if such relief is eventually granted to the plaintiff;
- Whether the plaintiff is entitled for grant of any other alternative relief, namely, refund of earnest money etc. and, if so, on what grounds.
The Apex Court further stated that the aforesaid requirements have to be properly pleaded by the parties in their respective pleadings and proved with the aid of evidence in accordance with law.
The entire case can be accessed here.