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1 - 5 of 5 (0.26 seconds)Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
A.C. Arulappan vs Smt. Ahalya Naik on 10 August, 2001
16. The Supreme Court in the case of A.C. Arulappan (supra) has held that the terms and conditions of the agreement showed that plaintiff is trying to take unfair advantage over defendants and also not approached court with clean hands, is not entitled to decree of specific performance of contract. The Court can consider from various circumstances to decide whether such relief is to be granted. Court should not grant the relief of specific performance merely because it is lawful to grant it. The plaintiff, in the case in hand firstly made an attempt by filing application for recording his name in the revenue record on the basis of possession and expunging the names of the defendants therefrom. The said attempt was made as the defendant No. 1 was away from the village in connection of his employment as a teacher. The plaintiff has admitted in the oral deposition that the defendants are sons of his uncle. Regarding possession of disputed plot the two stands taken by the plaintiff is self contradictory. In the agreement in question the possession of the defendants is admitted. On the other hand, in the oral deposition the plaintiff has stated his possession over the disputed land.
Veluyudhan Sathyadas vs Govindan Dakshyani on 23 March, 2002
19. Sri M.K. Gupta, learned counsel for the appellant stated at the bar that the appellants are prepared to pay rupees one lac and to return the advance money to adjust the equities between the parties. The Supreme Court in the case Veluyudhan Satyahyades v. Govindan Dhakshyan, 2002 (4) AWC 2781 (SC) : JT 2002 (5) SC 357, has held that in such circumstances the proper course for the High Court is to set aside the decree made by the trial court as affirmed by the first appellate authority and remit the matter to the Court for fresh consideration in so far as this aspect of the matter is concerned. Following the aforesaid law laid down by the Supreme Court the judgments and decrees of the courts below are modified and the matter is remitted to the trial court for fresh consideration only on aspect of grant of discretionary relief to the plaintiff. The findings recorded on all other issues shall remain intact. It is made clear that if ultimately the trial court refuses to grant the decree for specific performance of contract it shall impose as a condition to pay (Rs. 1,00,000) one lac to the plaintiff/ respondents as a condition precedent for reversing the decree of specific performance.
Section 103 in The Code of Civil Procedure, 1908 [Entire Act]
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