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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, SANJAY KUMAR JAISWAL
Sanjit Kumar Vishwakarma S/o Shri R D Vishwakarma – Appellant
Versus
Rupesh Kumar Sahu S/o Pusauram Sahu – Respondent
| Table of Content |
|---|
| 1. overview of the case and agreements. (Para 1 , 2 , 3 , 4) |
| 2. findings of the trial court. (Para 5 , 6 , 7) |
| 3. requirement of pleading hardship. (Para 10 , 19 , 21) |
| 4. considerations in exercising discretion. (Para 12 , 15 , 16 , 18) |
| 5. judicial reasoning against trial court's discretion. (Para 28 , 30 , 32) |
| 6. final decision and directive for specific performance. (Para 31 , 33 , 34) |
JUDGMENT :
Sanjay K. Agrawal, J.
1. Appellant/Plaintiff has preferred this first appeal under Section 96 of the Code of Civil Procedure calling in question the legality, validity and correctness of impugned judgment and decree dated 13/08/2019 passed by the 8th Additional District Judge, District Durg in Civil Suit No. 28-A/2013 whereby plaintiff’s suit for specific performance of contract and permanent injunction has been dismissed, however, the trial Court has granted decree for refund of sale consideration of Rs. 7,00,000/- along with interest of 6% per annum in favour of the plaintiff.
(For the sake of convenience, the parties will hereinafter be referred to as per their status and ranking given in the plaint before the trial Court.)
Facts of the Case
2. Plaintiff filed a civil suit stating
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.
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....
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....
Point of law; Court cannot refuse the relief of specific performance of contract without assigning good and cogent reasons there for
In discretionary specific performance cases, courts must balance hardship and enforceability; mere proof of agreement does not guarantee relief when it risks severe hardship for the defendant.
Discretion in specific performance cases must consider hardship on defendants; enforcement refused when it would leave them homeless.
Discretionary nature of specific performance must consider hardship to defendants, despite lawful agreements.
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