OnLine SC 513.
31. Furthermore, subsequent to the amendment of Section 10 of the
Specific Relief Act, 1963, post the judgment of Supreme Court ... Appeal NO.
3574/2019, the Courts have an obligation to direct specific performance of
the contracts which are not barred under Sections
Specific Relief Act
is reproduced hereunder:-
"CONTRACTS WHICH CAN BE SPECIFICALLY
ENFORCED 10. Specific performance in respect of
contracts.--The specific performance ... after amendment, reads as under:
"10. Specific performance in respect of contracts.--The
specific performance of a contract shall be enforced by the
court
submitted that they have a right to seek specific performance but
instead of seeking specific performance, they had filed a suit for mandatory and
permanent ... seeking
specific performance and once the pith and substance of the suit is for specific
performance, then the amendment does not change the nature
A Vijay Raj Soni vs Bedley Sujay Kumar on 23 August, 2024
HON'BLE
A. Vijay Raj Soni vs B. Sushruth on 23 August, 2024
HON'BLE SRI
dated 16.11.2011 and the application for amendment seeking to
incorporate the relief of specific performance was filed on 13.02.2019 (i.e.,
after eight (8) years ... Specific Performance against the defendant no.1 on the
basis of the Agreement to Sell dated 16/11/2011. Inadvertently, the prayer
for Specific Performance
Binita Gupta Page No. 1 of 53 +0530
SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT TO
SELL AND PURCHASE EXECUTED BETWEEN THE
PLAINTIFF AND THE DEFENDANTS ... 269SS of the Income Tax
Act .................39
- Law on Specific Performance before and
after amendment of 2018 .................40
- Whether 2018 amendment applicable
Retrospectively or Prospectively
that post the 2018 Amendment to the Specific Relief Act ,
the Court is left with no discretion to refuse specific performance.
16. Per contra ... contract has become
contract has become
incapable of specific
incapable of specific
performance does not
performance does not
preclude the court from
preclude the court
Specific performance
32. The next issue is whether the petitioner is entitled to a decree for specific
performance. This Court held that the 2008 amendment ... Section 10 of the Specific Relief Act before the 2018 amendment read as follows:
“10. Cases in which specific performance of contract
enforceable.- Except
this stage. Therefore, the
plea that the relief of specific performance sought by way of amendment is
barred by time is arguable in the circumstances ... specific performance in substance has already been
laid down in the plaint.
39. Further, the reason for not claiming the relief of specific performance
