Skip to main content

Plaintiff Is Entitled To Specific Performance Of Contract Only If He Sticks To Original Terms Of Contract

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.

This was made clear by the division bench comprising Justice V Chitambaresh and Justice Satish Ninan, while deciding an appeal by the plaintiff against the decree of the trial court which declined to order specific performance of agreement of sale. As per the original agreement, the offer price of the land was Rs 1 lakh per cent. Later, the plaintiff offered a higher price of Rs 1.75 lakh per cent. 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. It was observed as follows: “The plaintiff by floating a fresh offer at an enhanced rate has practically given up his original offer embodied in Ext.A2 agreement and has waived his right to stick on to the original terms agreed upon. The conduct of the plaintiff in issuing Ext.B1 letter to the first defendant offering a higher price for the property is certainly at variance with the follow up action intended on Ext.A2 agreement. Such conduct and circumstance could be put forward as a successful defence in a suit for specific performance [See: Ayissabi v. Gopala Konar (1988 (2) KLT 282)]. 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(c) of the Specific Relief Act, 1963. The fact that the plaintiff has floated an offer which is more beneficial to the first defendant and that it is not in derogation of the terms originally agreed is of no avail.”

Hence, appeal was dismissed, confirming the decree of the trial court which had directed the return of advance money and had created a charge to that effect on the property.


Article referred: http://www.livelaw.in/plaintiff-entitled-specific-performance-contract-sticks-original-terms-contract-kerala-hc-read-judgment/

Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Abusing in-laws a ground for divorce: SC

Abusing in-laws and not allowing them to reside in the matrimonial home by a woman amounts to cruelty to her spouse, ground enough for grant of divorce, the Supreme Court has ruled while allowing an NRI's plea for legal separation from his wife. A bench of Justices Vikaramajit Sen and A M Sapre said such incidents could not be termed as "wear and tear" of family life as held by Madras High Court which had said that a couple must be prepared to face such situations in matrimonial relationship. The NRI had filed a divorce petition alleging that his wife was abusive to his family members and did not allow his parents and siblings to stay in his house when they visited the US. Referring to an incident, the husband told the court that his wife had once locked him and his sister out of the house and abused them saying they belonged to a 'prostitute family'. She refused to allow her sister-in-law to enter the house and even lodged a police complaint against her hu...
4 comments
Read more

Property can be sold on power of attorney - Delhi High Court

As reported in the Hindusthan Times on 5th May:-  http://www.hindustantimes.com/India-news/NewDelhi/Property-can-be-sold-on-power-of-attorney/Article1-1054964.aspx In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA). The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011. The HC order will increase the number of saleable properties in Delhi and could bring down the value of freehold properties. According to realty watchers, on an average, around 20% of properties are registered through GPA transfers — a common way of selling leasehold properties and those that don’t have a clear title. The judgment came on a petition filed by a company, Pace Developers and ...
5 comments
Read more