Specific Relief Act, 1963

The marriage between Sau. Jiya and Kuldeep was dissolved by a family court on the ground of cruelty, a decree later affirmed by the High Court. After the husband remarried in 2019, the parties disputed a permanent alimony settlement, with the wife seeking a lump‑sum amount and the husband contesting his income and asse…

The plaintiff entered into a sale agreement on 3 March 2005 for Rs 30 lakh, paying Rs 12.5 lakh as earnest money, and later sued for specific performance of the contract. The trial court granted the decree for specific performance, but the High Court set it aside, holding that the plaintiff had not demonstrated that he…

Rohit Kochhar filed a suit in the Delhi High Court seeking specific performance and a permanent injunction for a commercial property situated in Gurgaon. The defendants contested the court's territorial jurisdiction, arguing that the relief required execution and registration of a sale deed in Gurgaon, which would forc…

The plaintiffs, operating a petrol pump on a jointly owned property, claimed a specific performance of an oral agreement dated 06‑06‑1993 to purchase the land, alleging that the co‑owner brother had authority to bind the three sister co‑owners via a General Power of Attorney. The trial court dismissed the suit, finding…

The appellant filed a suit for specific performance of a sale agreement, which was decreed in his favour on 20‑01‑2012 directing him to deposit the balance consideration within two months. The decree was affirmed by the first appellate court on 21‑04‑2015, but no time‑limit for payment was stipulated. After a two‑year …

The appellant (son) challenged a decree of the Kerala High Court that declared a 1985 deed executed by his father in favour of his sister (plaintiff) to be a settlement and a valid gift, thereby invalidating a later cancellation deed and sale deed dated 19.10.1993. The core issue was whether the 1985 instrument was a g…

The appellant, a grandson of the original defendant, was impleaded as a legal heir in execution proceedings after the original defendant died. He later filed an interlocutory application under Order I Rule 10 seeking deletion of his name, claiming he was not a legal heir and that he enjoyed tenancy rights under Section…

The plaintiffs, heirs of Siraj Uddin Choudhury, claimed title to land based on a 1958 registered Gift Deed executed by their grandfather. The defendants later executed a sale deed on 5 May 1997, which the plaintiffs alleged was void because the vendors lacked title. The trial court and first appellate court upheld the …

The appellant filed a civil suit in 1987 seeking cancellation of a sale deed, but the respondents repeatedly obtained adjournments and were eventually set ex parte, leading to a decree in 1991. The respondents later filed applications under Order IX Rule 13 and the Limitation Act, which were dismissed, and their subseq…

The original plaintiff filed a suit for specific performance of an oral sale agreement dated 12‑02‑1986 concerning a property that the owner subsequently sold to defendants No.2 and No.3 on 29‑08‑1986. The trial court granted the decree in favour of the plaintiff, but the first appellate court set aside the decree, hol…

Syed Basheer Ahmed filed a suit for specific performance of a sale agreement concerning two parcels of land. The trial court found the plaintiff ready to pay the balance consideration and decreed specific performance. The High Court reversed this decision, holding that the agreement showed a material alteration—differe…

The plaintiff, Parswanath Saha, entered into a registered agreement of sale with the deceased predecessor of the defendants for a residential property and paid earnest money. After the predecessor's death, the defendants refused to execute the sale deed, prompting the plaintiff to sue for specific performance. The tria…

The appellant, a bonafide purchaser, paid Rs.25,34,350 as stamp duty for a conveyance deed that was never lodged because the vendor had fraudulently sold the property earlier. Upon discovering the fraud, the appellant applied online for a refund of the stamp duty on 22 October 2014 and later filed a written application…

The appellant entered into an agreement to sell land with a power of attorney holder acting for several co‑owners, paid earnest money and obtained extensions for registration of the sale deed. The attorney holder later executed a sale deed in favour of the respondents, prompting the appellant to send a notice and event…

The plaintiffs obtained decrees for specific performance of a sale agreement, directing them to deposit the balance consideration within 20 days and the defendants to execute sale deeds. The trial court decrees were set aside by a first appellate court, but the High Court later restored them in regular second appeals, …

The plaintiffs entered into an agreement to sell a Bangalore property in 1981, paying an advance but failing to execute the sale deed within the stipulated three‑month period, citing a government restriction on registration. The defendants sent multiple notices demanding payment of the balance and eventually forfeited …

The R.B.A.N.M.S. Educational Institution, a charitable trust in possession of a Bangalore property since 1905, was sued by respondents who claimed a right to prevent the institution from alienating the land based on an alleged 2018 agreement to sell and an advance cash payment of Rs.75 lakh. The institution filed an ap…

The case concerned the allotment of residential and commercial plots to land owners (oustees) whose land was acquired by the Haryana Urban Development Authority (HUDA) in 1992 for a residential development project. The oustees filed suits under Section 39 of the Specific Relief Act seeking mandatory injunctions to comp…

The appellant, B N Padmanabhaiah and Sons, had obtained a permanent injunction against the State of Karnataka in O.S. No.80 of 1978 concerning a parcel of land, and the decree became final after being upheld by appellate courts. Later, former students of a government school and other citizens filed a representative sui…

M/s Tomorrowland Limited, the highest bidder for a 5‑star hotel site, paid the first instalment but argued that HUDCO (Housing and Urban Development Corporation) was obliged to obtain statutory approvals and execute a sub‑lease before demanding further payments. HUDCO failed to secure the necessary approvals and a perp…

The appellant filed a suit in 2012 seeking a declaration that her sister‑in‑law could not sell a jointly owned bungalow and that an agreement to sell dated 21‑10‑2011 was void. After the sister‑in‑law died, the court substituted a Nazir as defendant No.1. In 2021 the respondent (defendant No.2) applied to amend his wri…

The case involved a suit for specific performance of a 1996 sale agreement concerning a half‑acre land in Bilaspur. The trial court granted specific performance, but the first appellate court set aside that part of the decree, ordering only a refund of earnest money, citing alleged hardship under Section 20(2)(b) of th…

The original vendors executed an unregistered agreement to sell (ATS) of 354 acres of land to the original vendees in 2000, but later issued a unilateral notice of termination in 2003 citing a pending suit and a vendor's death. The original vendees continued to perform their obligations and sued for specific performanc…

The sellers (Alagammal and others) entered into a registered agreement of sale on 22‑Nov‑1990 with the buyers (Ganesan and others) for Rs.21,000, stipulating that the balance be paid within six months. The buyers paid only a fraction of the amount and failed to complete the purchase before the deadline, while the selle…

The petitioner, Siddamsetty Infra Projects Pvt. Ltd., entered into two agreements to sell agricultural land with the respondents in 1997, paid a substantial portion of the consideration, and sought specific performance after the respondents refused to execute the sale deed. The trial court dismissed the suit, the High …

The plaintiff filed a suit seeking specific performance of a 2005 sale agreement and delivery of possession of the property, alternatively claiming damages and refund of earnest money. The trial court denied specific performance and ordered refund of the earnest money with interest. On appeal, the High Court held that …

The petitioners, who claim to be subsequent purchasers of a suit property, challenged a High Court order directing the execution court to grant possession to the decree‑holders (plaintiffs) in a suit for specific performance of a sale agreement. The trial court had decreed specific performance but did not expressly awa…

The Cosmos Co. Operative Bank Ltd. (appellant) challenged a High Court order that held Central Bank of India (respondent No.1) had the first charge over a flat mortgaged by the original borrowers. Both banks had received security documents: the appellant bank held the share certificate of ownership, while the responden…

The respondents filed a suit for specific performance of a 2005 sale agreement, which was eventually decreed by the appellate court directing the appellants to execute the sale deed upon payment of the balance consideration. While the execution application was pending, the appellants sought rescission of the contract u…

Mrs. Shailja Krishna, a majority shareholder and former executive director of Satori Global Limited, alleged that the company’s board had fraudulently obtained her signature on a gift deed and share transfer forms, thereby oppressing her and mismanaging the company. The NCLT had earlier granted her relief under Section…

The appellant, K.R. Suresh, paid Rs.20,00,000 as advance under an agreement of sale that required the balance to be paid within four months, failing which the advance would be forfeited. He did not pay the balance on time, and the respondents forfeited the advance and later sold the property to third parties. The appel…