Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Supreme Court Bars Post-Divorce Maintenance Claims When Wife Voluntarily Waived Maintenance In Settlement Agreement Advocate Is An Officer Of Court, Not Mere Agent Of Client: Allahabad High Court Distinguishes Between Active Concealment & Statement In Ignorance, Slaps Cost On Litigants For Misleading Bench Cannot Summon Accused Mechanically On Protest Petition Without Assigning Justifiable Reasons: Andhra Pradesh High Court Increment Not A Bounty: Allahabad High Court Rules Public Holiday Cannot Delay Pay Hike For Teachers Joining Next Working Day Paying Taxes Or Utility Connections Confer No Legal Ownership Over Govt Land': Andhra Pradesh High Court Orders Demolition Of Encroachment 'Cannot Compel Public Authority To Collect Data From Private Bodies': Bombay High Court Quashes CIC Orders Directing SEBI To Procure BSE Records Under RTI Act Section 10 CPC Cannot Stay Previously Instituted Title Suit Pending Subsequent Probate Case; Inherent Powers Under Section 151 Inapplicable When Probate Dismissed: Calcutta High Court Mere Phone Calls Without Transcripts No Ground For Murder Conspiracy: Delhi High Court Clear Violation Of Section 42 NDPS Act': Gujarat High Court Holds Failure To Record Secret Info In Writing Fatal When Police Officer Had Time To Act JK High Court Quashes Criminal Case Against Cop Accused Of Threatening Advocate Over Phone Call Without Prior Sanction Under Section 197 CrPC Custody Unwarranted For Mere Formalities Once Weapon Is Recovered: Kerala High Court Grants Regular Bail In BNS Axe Attack Case Circumstances Of Crime Can Be Assessed During Trial: High Court Upholds Trial Of Minor As Adult Under JJ Act In Murder Case Statutory Deposit Under Order 21 Rule 89 CPC Is A Sine Qua Non; Litigant Cannot Stall Auction Sale By Merely Blaming Counsel: Madras High Court Ban Junk Food Within 50 Metres Of Schools: Rajasthan High Court Takes Suo Moto Cognizance To Enforce FSSAI Norms, Protect Children From Obesity

Plaintiffs Disentitled to Specific Performance Due to Misleading Conduct: Supreme Court

07 May 2024 8:19 AM

By: Admin


The Supreme Court of India, in a recent judgment, has reiterated the discretionary and equitable nature of specific performance under the Specific Relief Act, 1963. The apex court emphasized that a plaintiff’s conduct is a critical factor in granting specific performance, highlighting that plaintiffs must demonstrate honesty and integrity in their dealings.

The civil appeal involved a dispute over an agreement for the sale of a property in Chandigarh. The plaintiffs, including Major Gen. Darshan Singh, alleged that the property’s possession and price were adjusted after the original agreement. The defendant contested, claiming the property belonged to his Hindu Undivided Family (HUF) and denying possession transfer. The core issue was whether the plaintiffs were entitled to the equitable relief of specific performance given their conduct and the nature of the property as HUF.

Plaintiff’s Conduct and Suit Agreement: The Supreme Court noted discrepancies in the plaintiffs’ statements regarding possession and price, indicating a lack of honesty. The plaintiff’s failure to disclose the HUF status of the property in the plaint was highlighted as misleading.

Specific Performance as Equitable Relief: The Court affirmed that specific performance is granted based on the plaintiff’s conduct. The plaintiffs’ misleading claims and pursuit of full property rights, despite knowing its HUF status, rendered them unfit for this relief.

Modification of Trial Court’s Decree: The apex court modified the lower court’s decree to include interest on the awarded damages, demonstrating a balanced approach.

The Supreme Court partially allowed the appeal, affirming the denial of specific performance but modifying the decree to include interest on damages. The decision underscores the importance of truthful and forthright conduct in legal proceedings, especially in equitable remedies like specific performance.

Date of Decision: March 1, 2024.

Major Gen. Darshan Singh (D) By Lrs. & Anr. Vs. Brij Bhushan Chaudhary (D) by Lrs.

Latest Legal News