Boundaries in Specific Performance Decrees: What You Need to Know

2025 0 Supreme(Ker) 2815

Specific Relief Act, 1963 dealing with the discretion to be exercised while deciding whether, in a particular case, specific performance is to be granted, is extracted below for reference: “20. Discretion as to decreeing specific performance. ... — (1) The jurisdiction to decree specific performance is discretionary, and the court is not bound to gran....

2025 Supreme(Online)(Mad) 74165

Hence, the decree for specific performance is not capable of being executed. On these grounds, it was submitted that the decree of the first appellate court is erroneous both in law and on facts , and the trial court’s dismissal of the suit for specific performance deserves to be restored. ... Aggrieved by the denial of specific performance, the respo....

Specific performance-Agreement to transfer portion out of lot allotted in partition decree-Lot less in extent than portion agreed upon-Vagueness of contract-Subject-matter insufficiently identified-Can agreement be enforced ? ... In the latter case the Court refused at the instance of the lessee to decree specific performance where the agreement for a lease of mineral property did....

2023 0 Supreme(Kar) 1037

Rs.5, 000.00 and not granted the relief of specific performance, inspite of property was offered to perform the marriage of second defendant. ... This appeal is filed challenging the judgment and decree dtd. 12/4/2017 passed in R.A.No.25/2016 on the file of the Senior Civil Judge and JMFC, Periyapatna and the judgment and decree dtd. 8/8/2016 passed in O.S.No.202/2012 on the file of the Civil Judge and JMFC, Periyapatna. .....

2023 0 Supreme(MP) 857

A plaintiff who claims specific performance of a contract for the transfer of immovable property, may in an appropriate case ask for possession, partition and separate possession of the property, in addition to specific performance. ... , the specific performance of which has been sought, has not been filed on record, however, the counsel for the plaintiff has not disputed the fact that ....

2025 0 Supreme(Ker) 2672

Section 20 of the Specific Relief Act provides that granting decree for specific performance is purely a discretion to be exercised by the court. ... (3)The court may properly exercise discretion to decree specific performance in any case where the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific ....

2023 0 Supreme(P&H) 2896

It is well settled that in a suit for possession by way of specific performance of an agreement to sell, the grant of a decree of specific performance is the rule and non-grant thereof is the exception. ... Learned counsel submitted that in view of the same, the Courts below erred in granting a decree for specific performance rather than granting a #HL....

2021 Supreme(Online)(Kar) 296

... v) Whether the plaintiffNo.2 is entitled for the relief of specific performance of contract? ... vi) Whether the plaintiff No.2 is entitled for the reliefs sought for? ... vii) What order and decree?' ... 5. ... The plaintiffs have filed the present regular first appeal against the impugned judgment and decree dated 29.01.2013 dismissing the suit of the plaintiffs for specific performance#....

Karnataka

for decree for specific performance of contract as the description in the suit agreement does not contain boundaries. ... suit for specific performance granting relief of specific performance of contract in favour of respondent/plaintiff. ... .1 does not indicate specific boundaries of 1 acre 16 guntas. ... #HL_....

2023 0 Supreme(Ker) 509

I have already held supra that the plaintiff is not entitled for a decree for specific performance consequent on his default in performance of the agreement. ... That apart, I have noticed herein before various circumstances which impels the Court to exercise its discretion not to grant a decree for specific performance. Thus, viewed in any manner, the plaintiff is not ....

2022 0 Supreme(SC) 101

CASES OF CONDITIONAL DECREE OF SPECIFIC PERFORMANCE As held by Gajendragadkar, J. in Immani Appa Rao [Immani Appa Rao v. Gollapalli Ramalingamurthi, (1962) 3 SCR 739 : AIR 1962 SC 370], the first course would be clearly and patently inconsistent with the public interest whereas, the latter course is lesser injurious to public interest than the former.”

2017 0 Supreme(P&H) 992

A decree for specific performance has been described as preliminary decree. The power under Section 28 of the Specific Relief Act is discretionary and the Court cannot ordinarily annul the decree once passed by it although the power to annul the decree exists in Section 28 of the Specific Relief Act which provides for complete relief to both the parties in terms of the decree. It is equally settled that there is no automatic rescission of the agreement due to delay in executi....

Current Civil Cases

The decree for Specific performance is a preliminary decree. The time specified in the decree for specific performance of the conditions of the decree has to be adhered to. So far as the objection under Section 47 CPC filed by the defendants is concerned, the petitioners/judgment debtors had objected to the execution of the decree on the ground that the balance sale consideration was not paid by the decree holder. The Court passing the decree did not cease to have power after....

2015 0 Supreme(All) 1588

The Court passing the decree did not cease to have power after decreeing the suit for specific performance rather final decree is to be passed only after the conditions of the preliminary decree have been complied with. The time specified in the decree for specific performance of the conditions of the decree has to be adhered to. The decree for Specific performance is a preliminary decree. So far as the objection under Section 47 CPC filed by the defendants is concerned, the ....

2014 0 Supreme(Kar) 717

The decree for specific performance has been described as a preliminary decree. Although the power to annul the decree exists yet Section 28 of the Act provides for complete relief to both the parties in terms of the decree. reported in AIR 2007 SC 1514 at para 10 the Apex Court has held that: "10. The power under Section 28 of the Act is discretionary and the Court cannot ordinarily annul the decree once passed by it.