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1 - 8 of 8 (0.52 seconds)The Limitation Act, 1963
The Code of Civil Procedure, 1908
The Specific Relief Act, 1963
Article 136 in Constitution of India [Constitution]
Sukhbir Singh & Ors vs Brij Pal Singh & Ors on 10 May, 1996
30) This Court in Sukhbir Singh & Ors. Vs. Brij Pal Singh & Ors., AIR
1996 SC 2510=(1997) 2 SCC 200 followed the aforesaid principle with these
words:
Ardeshir H. Mama vs Flora Sassoon on 21 May, 1928
24) The Specific Relief Act, 1877 which stood repealed by the Act of 1963
did not contain provision analogues to Section 16(c). Yet in the absence of
any such provision, its requirements used to be considered mandatory in the
suits for specific performance by virtue of law laid down by the Privy
Counsel in a celebrated case of Ardeshir H. Mama vs Flora Sasoon, AIR 1928
PC 208. It is in this Case which went to Privy Council from Indian Courts,
Their Lordships laid down the following principle:
Dr B R Ambedkar College Of Law vs M/S Karnataka State Law University on 8 January, 2013
“In a suit for specific performance on the other hand, he treated and was
required by the Court to treat the contract as still subsisting. He had in
that suit to allege, and if the fact was traversed, he was required to
prove a continuous readiness and willingness, from the date of the contract
to the time of the hearing, to perform the contract on his part. Failure to
make good that averment brought with it the inevitable dismissal of his
suit. Thus it was that the commencement of an action for damages being, on
the principle of such cases as Clough v. London and North Western Railway
Co. (1871) L.R. 7 Ex. 26 and Law v. Law (1905) 1 Ch. 140 a definite
election to treat the contract as at an end, no suit for specific,
performance, whatever happened to the action, could thereafter be
maintained by the aggrieved plaintiff. He had by his election precluded
himself even from making the averment just referred to proof of which was
essential to the success of his suit. The effect upon an action for damages
for breach of a previous suit for specific performance will be apparent
after the question of the competence of the Court itself to award damages
in such a suit has been touched upon.”
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