Back
SUJATA V.MANOHAR, R.C.LAHOTI
K. Narendra – Appellant
Versus
Riviera Apartments Private LTD. – Respondent
The court's decision indicates that it will exercise its discretion to deny specific performance of a contract if it finds that the performance involves undue hardship on one party or if the contract has become impossible to perform due to subsequent events beyond the control of the parties. The court considers whether the remaining obligations are feasible and whether the parties have acted in good faith or if circumstances have rendered the contract unperformable.
Specifically, the court may refuse to decree specific performance if the major part of the contract has been performed or if the performance is no longer possible or practical due to intervening circumstances. In such cases, the court may instead award compensation or other relief, recognizing that the essence of the contract has been substantially fulfilled or that enforcing the remaining obligations would cause undue hardship or be inequitable.
Therefore, the court does not automatically intervene if the major part of a contract is done; rather, it assesses whether the remaining obligations can be practically and fairly enforced, and whether the circumstances justify intervention or denial of specific performance.
Judgment
R.C. Lahoti, J.-This common judgment shall govern the disposal of Civil Appeals Nos. 1928 and 1929 of 1993 between the same parties and touching the same property.
2. The property in suit consists of a plot of Nazul Land known as 6, Tolstoy Marg, New Delhi wherein lease hold rights were vested by the President of India in favour of M/s. Shiv Ram, Mahashaya Krishna and K. Narendra (the appellant herein) in terms of a perpetual lease commencing from 29th May, 1956. The relevant and material terms of the lease are extracted and re-produced hereunder :-
“II (5) The Lessee will not without the previous consent in writing of the Lessor or of such officer or body as the Lessor may authorise in this behalf make any alterations in or additions to the buildings erected on the said demised premises so as to effect any of the architectural or structural features thereof or erect or suffer to be erected on any part of the said demised premises any buildings other than and except the buildings erected thereon at the date of these presents.
(6) The Lessee shall not without the written consent of the Lessor or such officer or body as he may authorise in this behalf construct any well of any
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
