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J. B. PARDIWALA, R. MAHADEVAN
Parswanath Saha – Appellant
Versus
Bandhana Modak (Das) – Respondent
JUDGMENT :
J.B. PARDIWALA, J.
1. Leave granted.
2. This appeal arises from the judgment and order passed by the High Court of Tripura in Regular First Appeal No. 28 of 2019 dated 29.07.2022 by which the High Court allowed the appeal filed by the respondents herein (Original Defendants) and thereby quashed and set aside the judgment and decree passed by the Civil Judge West Tripura, Agartala granting Specific Performance of Agreement of Sale in Title Suit No.135 of 2016 instituted by the appellant herein (Original Plaintiff).
3. Facts giving rise to this appeal may be summarised as under:
(i) A decree for declaration of the entitlement of the Plaintiff to get the execution, registration and possession of the suit land from the Defendants as part performance of the contract following the registered deed of Agreement for Sale dated 27.05.2016.
(ii) A decree for mandatory injunction directing the Defendants to execute and register the sale deed in respect of the suit land in favour of the plaintif
The court's discretion to grant specific performance is not arbitrary; it must consider unforeseen hardship to the defendant at the time of contract execution, not merely subsequent changes in circum....
The grant of specific performance requires the plaintiff to prove continuous readiness and willingness to perform the contract and the court's discretion is governed by principles of equity and justi....
Discretionary nature of specific performance must consider hardship to defendants, despite lawful agreements.
The court clarified that under Section 20 of the Specific Relief Act, discretion to deny specific performance must be based on clear evidence of hardship, which was not presented by the defendants.
Discretion in specific performance cases must consider hardship on defendants; enforcement refused when it would leave them homeless.
Discretion in granting specific performance under Section 20 of the Specific Relief Act requires sound judicial reasoning, considering hardship and fairness to both parties, especially in the presenc....
Section 16(c) of the Specific Relief Act, 1963 mandates readiness and willingness on the part of the plaintiff seeking specific performance and the plaintiff has to prove the same.
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