On January 7, 2019 the Hon’ble Supreme Court passed a judgment in the matter of Kamal Kumar v. Premlata Joshi (Civil Appeal No.4453 of 2009).
Issue
What are the essential factors to be pleaded and proved by a party claiming specific performance of a contract?
Facts in brief
The Appellant had filed a suit claiming specific performance of the contract in relation to the suit land, before the Court of the Ld. Additional District Judge at Harda. The Ld. Additional District Judge did not pass an order of specific performance, whereupon the Appellant went up in appeal before the Hon’ble Madhya Pradesh High Court. The Hon’ble High Court dismissed the appeal and affirmed the judgment and decree passed by the Ld. Additional District Judge, Hence the appeal before the Hon’ble Supreme Court.
Judgment
The Hon’ble Supreme Court observed in its judgment that the the findings of the two Courts below cannot be said to contain any illegality or perversity to the extent that no judicial person could record such findings. The Hon’ble Court held that the findings were consistent with the pleadings and the evidence adduced before the lower Courts.
Thereafter, the Hon’ble Supreme Court stated that the grant of relief of specific performance was a discretionary relief and laid down the following essential questions for a Court to consider in the aid of granting such relief:-
The Hon’ble Supreme Court stated that such questions are part of the statutory framework, being Sections 16(c), 20, 21, 22 and 23 of the Specific Relief Act, 1963 and the Forms 47/48 of Appendix A to C of the Code of Civil Procedure, 1908. These requirements thus have to be properly pleaded by the parties in their respective pleadings and proved with the aid of evidence, in accordance with law. It is only then that the Court is entitled to exercise its discretion and grant/refuse the relief of specific performance.
The Hon’ble Supreme Court went on to observe that the two lower Courts below have categorically gone into the pleadings and the evidence of the plaintiff/Appellant and held that he has not been able to prove that he was ready and willing to perform his part of the contract. Hence, the appeal was dismissed by the Hon’ble Supreme Court.
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