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Documents citing Asha Joseph vs Babu C. George on 8 April, 2022

Saseendran Nair vs Viswanathan Nair on 30 October, 2024

9. The learned counsel cited the decision of this Court in Asha Joseph v. Babu C. George & Ors. [2022 (3) KHC 48] to substantiate the point that before decreeing specific performance it is obligatory to the court to consider whether by doing so any unfair advantage would result for the plaintiff over the defendant, the extent of hardship that may be caused to the defendant and if it would render such enforcement inequitable besides taking into consideration the totality of the RSA No. 1057/2003 9 2024:KER:80520 circumstances of each case; and that specific performance being an equitable relief balance of equity has also to be struck taking into account all the relevant aspects of the matter including the latches which occurred and parties respectively responsible therefore.
Kerala High Court Cites 16 - Cited by 0 - Full Document

M.M.Joseph(Died)* vs Sadanandan on 7 November, 2024

The facts of this case are in a way similar to the facts in Asha Joseph (supra) and I am of the opinion that a relief similar to the one granted in the said judgment would be equitable to both sides. In the said case, the Division Bench directed execution of sale deed with respect to such extent of property that could have been purchased for the amount which had been paid as advance at the time of the agreement. In the case on hand, an amount of Rs.6,00,000/- had been paid in 1996 itself. The rate fixed in the contract was Rs.20,500/- per cent. For the amount of Rs.6,00,000/- paid as advance, the plaintiff could have bought an extent of 29.27 cents at the rate of Rs.20,500/- per cent.
Kerala High Court Cites 10 - Cited by 0 - T R Ravi - Full Document

Valli vs Jayaprakash on 13 February, 2025

The price of the property must necessarily have gone up many fold. Hence directing the defendants to execute a sale deed for the entire extent of the property comprising 12 and odd acres for a sale consideration fixed years back would be quite unjust, especially when R.F.A.NO.303 OF 2012 13 2025:KER:12159 the plaintiff has given only less than 20% of the sale consideration by way of advance at the time of entering into the agreement. However, a total rejection of the relief of specific performance would also be unjust to the plaintiff. Therefore, keeping in mind, the principles laid down in the aforesaid decisions, we find that it would be just and proper to grant a decree of specific performance relating to that much extent of property that could have been purchased for an amount of Rs.10 lakhs at the time of Ext.A2 agreement. As per Ext.A2, the sale consideration for one cent of property has been fixed at Rs.4,500/- per cent. Therefore for Rs.10 lakhs, the plaintiff would have got about 2.22 acres, that is, two acres and twenty-two cents of property. To that extent alone, she can be granted a decree for specific performance. Points answered accordingly. Finally, the Division Bench granted decree for specific performance relating 2.22 acres out of the total extent of 12.32 acres by adjusting the sale comprised for the said sum. In fact, the ratio of the decree cannot be applied in the instant case, since Rs.1 Lakh out of Rs.2,30,000/- (Rupees Two Lakh Thirty Thousand only) was paid by R.F.A.NO.303 OF 2012 14 2025:KER:12159 the plaintiff in deviation from payment of only Rs.10 Lakh out of Rs.55,44,000/- (Rupees Fifty Five Lakh Forty Four Thousand only).
Kerala High Court Cites 4 - Cited by 0 - Full Document
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