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2014 Supreme(Cal) 66

ASHIM KUMAR BANERJEE, SANJIB BANERJEE, ARIJIT BANERJEE
Ashok Kumar Jaiswal – Appellant
Versus
Ashim Kumar Kar – Respondent


JUDGMENT

ASHIM KUMAR BANERJEE, J.

I have gone through the painstaking well versed judgment of My Lord the Hon’ble Mr. Justice Sanjib Banerjee. I fully endorse his view. Yet I wish to add few lines looking at the problem slightly from a different angle.

2. The owners would contend, section 14(3)(c)(iii) would specifically debar a developer to file a suit for specific performance against the owner of the property. They would gain support from Vipin Bhimani, (AIR 2006 Cal 209) (supra). They would also contend, we must give literal meaning to the provision that the Apex Court recognized as the golden principle of interpretation as observed in Lalu Prasad Yadav v. State of Bihar (AIR 2010 SC 1561) (supra).

3. The relevant extract of section 14 is set out below:

1) “The following contracts cannot be specifically enforced, namely;

a) a contract for the non-performance of which compensation in money is an adequate relief;

b) a contract which runs into such minute or numerous details or which is so dependent on the personal qualifications or volition of the parties, or otherwise from its nature is such, that the Court cannot enforce specific performance of its material terms;

c) a contract which





































































































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