Specific Relief Act, 1963

The appellant, a vendor, sold two plots of land to the respondents in 1980. The respondents sued for specific performance; the trial court decreed performance, directing the respondents to deposit the balance price by March 31, 1983, and the vendor to execute sale deeds. After the decree became final, the respondents f…

The appellant, a vendor, sought rescission of a contract of sale under Section 28 of the Specific Relief Act, 1963, alleging the respondent failed to pay the balance consideration within the time fixed by an appellate decree for specific performance. The decree, passed by the appellate court, was being executed in the …

The appellant, Suresh Dhanuka, and respondent, Sunita Mahapatra, entered into a joint‑venture and a deed of assignment whereby the respondent assigned 50% of her rights in the trademark "Naturoma Herbal" to the appellant, with a covenant that the mark be marketed solely by the appellant and that neither party could use…

The dispute arose from a Will executed by Bishan Sahai Vidyarthi in 1965, which set aside Rs.30,000 for the benefit of his widowed daughter‑in‑law Chandramukhi and her son Narendra Gopal Vidyarthi. Within a month the testator purchased an immovable property with that amount. After the testator's death, the property was…

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 appeal arose from a suit for specific performance of a sale agreement dated 2 September 1967 concerning immovable property. The agreement was written on a quarter‑sheet of paper and was produced in a criminal proceeding, leading the High Court to decree specific performance in favour of the plaintiffs. The Supreme …

The case concerned an agreement whereby the plaintiff, Tulsi Devi, agreed to purchase part of a government‑allotted property (Block 67‑B) and, upon repayment of a loan, acquire the remaining part (Block 67‑A). The plaintiff claimed specific performance of the agreement to obtain Block 67‑A, asserting that she had made …

The case involved S.N. Goyal, a Branch Manager of State Bank of India, who was found guilty of temporarily misappropriating customers' funds. The disciplinary authority first recommended a reduction in pay, which the appointing authority tentatively approved but did not communicate. After consulting the bank’s Chief Vi…

The case concerned a sale deed executed in 1961 that purportedly showed a minor as a major, allegedly obtained by fraud. The minor later sued in 1979 to set aside the deed and claim a share in the land. The trial court dismissed the suit as barred by limitation, but the appellate court held the deed void and said limit…

The appellants filed a suit under Section 6 of the Specific Relief Act, 1963 seeking recovery of possession of immovable property from which they claimed to have been dispossessed. The trial court decreed in their favour, but the respondents filed a revision under Section 115 of the Code of Civil Procedure, 1908, and t…

The plaintiff, K.M. Krishnah, sued Tirumala Tirupati Devasthanams (TTD) for a permanent injunction over 2.29 acres of land. The trial court dismissed the suit for lack of title and possession; the plaintiff later amended the suit to seek possession after being dispossessed on 30 August 1969, filing the amendment on 25 …

Janardhanam Prasad (appellant) entered into a sale agreement with M. Manoharan (defendant No.1) for a piece of land. The same land was later agreed to be sold by the same defendant to Ramdas (respondent No.1) without a fixed time for performance. The respondent paid part consideration but, within 20 days of the agreeme…

The appellant, owner of agricultural land, had taken a bank loan and entered into a sale agreement with the respondent, who was to discharge the loan by depositing the mortgage amount and execute a sale deed. The appellant served a notice on 24 April 1984 demanding the respondent deposit the full amount and execute the…

The Supreme Court examined a dispute where Indian Oil Corporation Ltd (IOCL) terminated the LPG distributorship granted to ex‑servicemen respondents under a letter of allotment that referred to a "standard agreement" which was never supplied or executed. The Court held that, because the standard agreement was not concl…

The petitioner, MD Noorul Hoda, bought land benami in the name of his brother‑in‑law Rafique on 1 December 1959. Respondents obtained a partition decree (preliminary decree 22 January 1973, final decree 9 February 1974) allocating the land to Bibi Raifunnisa. The petitioner later obtained a second sale deed from Rafiqu…

The trustees of a trust estate had leased premises to a lessee for 21 years, who later assigned the lease to TIVOLI PARK APARTMENTS (the respondent). An oral agreement was made to renew the lease for 70 years on increased rent and premium, but the trustees failed to execute the transfer deed. The respondent obtained a …

The appellant (LIC) challenged the High Court’s order allowing the respondents (Sanjeev Builders and another) to amend their plaint in a suit for specific performance, seeking a higher quantum of damages. The appellant argued that the amendment was barred by Order II Rule 2 of the CPC and the doctrine of constructive r…

Ram Daan filed a suit seeking a permanent injunction to prevent Urban Development Trust from dispossessing him of a 4,914‑sq‑yard plot, claiming uninterrupted possession since 1942. The respondent asserted that the land belonged to the State of Rajasthan and that the appellant had been evicted in 1965 under Section 91 …

The State of Karnataka auctions the right to vend arrack; the plaintiffs, experienced excise contractors, won the bids for the 1990‑91 excise year. The Finance Minister, in his budget speech, announced a policy to ban toddy sales statewide from 1 July 1990. The government later failed to fully enforce the ban, allowing…

The case involved a family dispute over the control of Kerala Kaumudi Pvt. Ltd., focusing on the validity of share transfers from Mani and his children to M.S. Madhusoodhanan, the removal of Madhusoodhanan as Managing Director and the deletion of Article 74, the allotment of additional shares to Ravi and Srinivasan, an…

The appellant, who had sold his immovable property to the respondent, later entered into a written agreement whereby the respondent would sell the property back to him after five years for a specified sum. After the period elapsed, the appellant demanded reconveyance, but the respondent refused, leading the appellant t…

The appellant, a tenant, entered into an agreement to purchase a shop from the vendor for Rs.9,200 and paid part of the price. The vendor later sold the shop to purchasers for Rs.20,000. The appellant sued for specific performance of the original agreement against both the vendor and the purchasers. The trial court rul…

Jitendra Nath Biswas, an employee of Empire of India & Ceylon Tea Co., was dismissed after a domestic enquiry for alleged misconduct. He filed a civil suit in the Munsiff Court seeking reinstatement, back wages and an injunction against the dismissal. The respondents contended that such relief was exclusively available…

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…

The plaintiff entered into a sale agreement with the first defendant, paid earnest money but failed to pay the balance, and filed a suit for specific performance on May 3, 1975. Two days later the first defendant sold the same property to the appellant for a higher price and gave possession. The trial court dismissed t…

The appellant purchased a property by a registered sale deed in 1950 and the respondent entered into a rent agreement with her in 1951. In 1974 the respondent sued for conveyance of the property based on an alleged handwritten 'yadast' by the appellant's mother, which was unstamped, unregistered and later found to be f…

A.L. Kalra, a former Deputy Finance Manager of the Project & Equipment Corporation of India Ltd., was disciplined for allegedly misusing two advances granted under the corporation's House Building and Conveyance Advance Rules. The corporation withheld his salary and, after a disciplinary inquiry that lacked reasons and…

The plaintiff, a mining company, sued the defendant for a declaration that a Rs 56‑lakh cheque, given as security under a memorandum of understanding, was not payable because the defendant failed to protect the plaintiff’s port licence. The defendant filed an application under Order VII Rule 11 CPC seeking rejection of…

Excel Dealcomm Pvt Ltd entered a private treaty agreement with Asset Reconstruction Company (India) Ltd (ARCIL) for the sale of immovable and movable assets under the SARFAESI Act. Excel filed a suit for specific performance in the Calcutta High Court, seeking issuance of a sale certificate that would effect transfer o…

The appellant, owner of a plot in South Calcutta, entered into a sale agreement with the respondent for Rs 9 lakhs, requiring an initial payment of Rs 25,000 and a further Rs 4 lakhs within five months, the latter being essential for the appellant to obtain alternative accommodation. The respondent failed to pay the Rs…

Bachna filed a suit for specific performance of an agreement to sell a property but did not initially plead that she was ready and willing to perform her part of the contract; this plea was later added by amendment. The defendants were the legal representatives of a subsequent purchaser of the property, who sought to r…