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ARINDAM LODH, S. G. CHATTOPADHYAY
Bandhana Modak (Das) – Appellant
Versus
Parswanath Saha – Respondent
| Table of Content |
|---|
| 1. contract formation and validity. (Para 2) |
| 2. hardship considerations in specific performance. (Para 5) |
| 3. arguments on the defendant's hardship and agreement validity. (Para 8 , 9 , 10 , 11) |
| 4. discretionary power of courts in specific performance matters. (Para 13 , 14) |
| 5. discrimination against specific performance based on circumstances. (Para 18 , 19) |
| 6. outcome of specific performance claim and refund entitlement. (Para 20) |
| 7. final judgment and order of the court. (Para 21) |
JUDGMENT
Arindam Lodh, J. - The legality and propriety of the judgment and decree dated 20.11.2018 and 23.11.2018 respectively passed by the learned Civil Judge, West Tripura, Agartala, in connection with case No. TS 135 of 2016 are challenged by the defendants by preferring the instant appeal before this court. The suit of the plaintiff, Sri Parswanath Saha, the respondent herein praying for specific performance of agreement for sale dated 27.05.2016 was decreed by the learned court below.
2. The facts of the case, as deduced by the learned trial Judge, may be reproduced here-in-below for convenience:-
'Fact of the case, in brief, is that the predecessor-in-interest of the defendants namely Prabh
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.
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....
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.
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 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....
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to complete contract obligations, failing which relief may be denied.
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