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ARUN KUMAR JHA
Lalti Devi – Appellant
Versus
Hari Om Kumar – Respondent
Prem Jeevan vs. K. S. Venkata Raman, (2017) 11 SCC 57; Bansi Sao vs. Jageshwar Prasad Sao, (1997) 1 PLJR 1017 – Referred.
Arun Kumar Jha, J. – The present civil misc. petition has been filed under Article 227 of the Constitution of India against the order dated 06.03.2017 passed by the learned Subordinate Judge-I, Gopalganj in Misc. Case No. 304 of 2016 rejecting the prayer of the petitioner made under Section 28 of the Specific Relief Act, 1963.
2. The conspectus of the case, as it appears from the record, is that the respondent file Title Suit No. 511 of 2002 against the original petitioner for grant of a decree for specific performance of contract with respect of 12 dhurs of land out of Plot No. 1069, Khata No.249 in the town of Mirganj Bazar, District-Gopalganj. The plaintiff/respondent contended that the defendant/petitioner contracted to sale the disputed land for a sum of Rs. 1,20,000/-. The petitioner took earnest money of Rs. 65,000/- from the respondent and agreed to execute the saledeed on receipt of the rest amount of Rs. 55,000/-. The suit was decreed and the operative part of the said order reads as under: –
“Under the aforesaid facts and circumstances, it is ordered th
Point of Law : Provisions of section 28(1) of the Specific Relief Act, 1963 in light of the provisions of Order XX Rule, 12A of the CPC, and it was held that the provisions of Order XX, Rule 12A mand....
A party seeking specific performance must have clean hands; failure to disclose subsequent agreements does not negate execution of prior decrees, provided timelines for compliance are met.
Agreement to sell – Provisions to grant specific performance of agreement are quite stringent – Equitable considerations come into play.
The main legal point established in the judgment is the discretionary nature of relief of specific performance and the application of Section 28 of the Specific Relief Act, 1963 in the context of ext....
The decree for specific performance remains executable despite delays in deposit of balance sale consideration, provided no rescission is sought by judgment debtors.
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