AI Overview...
-
Bars to Specific Performance - The Specific Relief Act stipulates certain statutory bars to granting specific performance. Notably, the requirement for the plaintiff to demonstrate ‘readiness and willingness’ is a condition precedent. If these conditions are not met, the court is not bound to grant relief. Additionally, non-compliance with Section 16(c) of the Act, which includes conditions like the contract's performance being possible and not barred by law, can lead to dismissal of the suit. PYDI RAMANA @ RAMULU vs DAVARASETTY MANMADHA RAO - Supreme Court, Kundan Lal Patel, S/o. Late Yadu Lal Patel VS Subrat Bi, W/o. Late Karamat Khan - Chhattisgarh, SHRI. HANUMANTAPPA S/O. CHANDRAPPA GORDANAVAR, SINCE DECEASED BY HIS LR’S 1(A) S MT. NEELAMMA vs SHRI. JAGADISH S/O. HANSRAJ THAKKAR - Karnataka
-
Time as a Non-Essence - In agreements such as sale of immovable property where the contract does not specify a strict timeline, time is not considered the essence of the contract. This means that delay in performance does not automatically bar the remedy of specific performance, provided other conditions are satisfied. The courts have emphasized that unless expressly stipulated, performance can be enforced even after a delay. K. Sampathkumar VS K. Sekar - Madras, Girish Vinodchandra Dhruva vs Smt. Neena Paresh Shah - Bombay
-
Discretionary Nature of Relief - The grant of specific performance is discretionary. Courts exercise their discretion based on the facts, including hardship to either party and compliance with statutory conditions. For instance, if performance causes undue hardship to the defendant or if statutory bars apply, courts may refuse specific performance. PYDI RAMANA @ RAMULU vs DAVARASETTY MANMADHA RAO - Supreme Court, T.Balasubramanaian vs C.Thanga Pandian - Madras, Radhey Shyam VS Harendra Pal Rathi - Allahabad
-
Evidence and Procedure - Adequate evidence of the contract and the plaintiff’s readiness and willingness are crucial. Courts rely on pleadings, evidence, and compliance with statutory requirements to decide whether to grant specific performance. If the contract has lapsed or performance is time-barred, the remedy may be denied. PYDI RAMANA @ RAMULU vs DAVARASETTY MANMADHA RAO - Supreme Court, T.Balasubramanaian vs C.Thanga Pandian - Madras, Raj Land Corporation VS Ichchhapore Industrial Co-Op Service Society Ltd. - Gujarat
-
Conclusion - Non-performance over a long period, without compliance with statutory bars (notably Section 16(c)), generally renders specific performance unsuitable. The courts prioritize statutory conditions, evidence of readiness, and the nature of the contract (such as whether time is of the essence). When statutory requirements are unmet or performance is barred, courts tend to dismiss suits for specific performance. PYDI RAMANA @ RAMULU vs DAVARASETTY MANMADHA RAO - Supreme Court, K. Sampathkumar VS K. Sekar - Madras, SHRI. HANUMANTAPPA S/O. CHANDRAPPA GORDANAVAR, SINCE DECEASED BY HIS LR’S 1(A) S MT. NEELAMMA vs SHRI. JAGADISH S/O. HANSRAJ THAKKAR - Karnataka
Search Results for "Non Performance for Long Time Bars Suit for Specific Performance"
2024 Supreme(Online)(SC) 12364 • India - Supreme Court of India
Specific Relief Act provides certain bars to the relief of specific performance. Specific Relief Act mandates ‘readiness and willingness’ of the plaintiff to be averred and proved and it is a condition precedent to obtain the relief of specific performance. 14. ... The appellate court on reappreciation of pleadings and evidence reversed the findings of the trial court and decreed the suit in toto namely the relief of specific #HL_ST....
2022 0 Supreme(Mad) 3212 • India - Madras
V. M. VELUMANI, S. SOUNTHAR
performance granted - [TIME IS NOT THE ESSENCE OF CONTRACT] - [Specific Performance] - [Section 16(c) of Specific Relief Act, 1963 ... Specific Performance - Agreement of Sale - Time is not the essence of contract - Agreement of Sale, Ex.A1, did not specify time ... ] - [Agreement of Sale, Ex.A1] Fact of the Case: The respondent filed a suit for specific performance of an agreem....
2023 Supreme(Online)(Bom) 1317 • India - High Court of Bombay
Smt. Anuja Prabhudessai, J
(A) Specific Relief Act - Section 16(c) - Contract for sale of immovable property - Specific performance sought by plaintiffs who ... (Paras 16-19) ... ... (C) Discretion - Exercise of discretion in granting specific performance ... performance. ... In Shenbagam (supra), the Apex Court has observed as under :- “ 14.Section 16 of the Specific Relief Act provides certain bars to the relief of specific performance. ....
2025 Supreme(Online)(Mad) 59522 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, M.JOTHIRAMAN, JJ
The trial court decreed specific performance based on evidence. ... (A) Specific Relief Act, 1963 - Sections 16 and 20 - Specific performance of contract - The plaintiff entered into a sale agreement ... (Paras 15, 20) ... ... Facts of the case: ... The plaintiff sought specific performance involving ... It was a suit for specific performance. ... Left with no other option, the plaintiff filed the suit....
2022 0 Supreme(Chh) 455 • India - Chhattisgarh
NARENDRA KUMAR VYAS
Section 16(C) of the Specific Performance Act Section 16 of the Specific Relief Act, 1963, as it stood at the material time (prior to amendment with effect from 1.10.2018), inter alia, provides:- Personal bars to relief. ... or waived by the plaintiff), there is a bar to specific performance in his favour. ... of which has been prevented or waived by the defendant) is barred from claiming specific performance. ... The finding record....
2015 0 Supreme(All) 1588 • India - Allahabad
SUNITA AGARWAL
Fact of the Case: The respondent filed a suit for specific performance of an agreement to sell. ... Specific Performance - Execution of Decree - Section 47 CPC, Section 151 CPC - Section 16, Section 28 of the Specific Relief Act ... The trial court decreed the suit, directing the defendants to execute the sale deed within two months after receiving the remaining ... The decree for Specific performance is a preliminary decree. The ....
2024 0 Supreme(Guj) 1169 • India - Gujarat
BIREN VAISHNAV, NISHA M. THAKORE
specific performance after the trial court dismissed their claim, citing the contract's lapse due to failure to perform within specified ... (Paras 6.2, 6.5, 8.0) ... ... (C) Discretionary Relief - Specific performance is a discretionary remedy that must ... performance unenforceable and time-barred under statutory limitations, reinforcing the necessity of timely performance in contracts ... For a suit for specific perfo....
2010 Supreme(Online)(KER) 37007 • India - High Court of Kerala
K.T.SANKARAN, J
Specific Performance - Contract Law - Specific Relief Act - Section 16 - This judgment highlights that a party seeking specific ... Ratio Decidendi: The court emphasized that under Section 16 of the Specific Relief Act, a party seeking specific performance ... Fact of the Case: The appellant sought specific performance of an agreement to sell land, claiming the defendants breached ... A suit for speci....
2025 Supreme(Online)(Kar) 30576 • India - Karnataka High Court
MR. HANCHATE SANJEEVKUMAR, J
Section 16 (c) of the Specific Relief Act and when there is non- compliance with this statutory mandate, the Court is not bound to grant specific performance and is left with no other alternative but to dismiss the suit. ... Performance of the contract involving some hardship on the defendant which he did not foresee while non- performance involving no such hardship on the plaintiff, is one of the circumstances in which the court may properly exercis....
2015 0 Supreme(Mad) 1575 • India - Madras
S.VIMALA
Relief Act – Section 16 (1) (c) – Specific performance of lease agreement – When a contract get concluded or when a concluded contract ... come into existence – Whether a contract can be spelt out of performance established through long correspondence – Whether there ... Transfer of Property Act – Indian Registration Act – Indian Contract Act, 1872 – Section 2 (e) – Specific ... According to the learned counsel for the plaintiff, Section 54 of the Limitation Act would be a relevant provision dealing wit....
Filter by Legal Phrase
