Renewal Is Not Extension Unless Terms Are Fixed in Same Deed: Bombay High Court Strikes Down ₹64.75 Lakh Stamp Duty Demand on Nine-Year Lease Fraud Vitiates All Solemn Acts—Appointment Void Ab Initio Even After 27 Years: Allahabad High Court Litigants Cannot Be Penalised For Attending Criminal Proceedings Listed On Same Day: Delhi High Court Restores Civil Suit Dismissed For Default Limited Permissive Use Confers No Right to Expand Trademark Beyond Agreed Territories: Bombay High Court Enforces Consent Decree in ‘New Indian Express’ Trademark Dispute Assam Rifles Not Entitled to Parity with Indian Army Merely Due to Similar Duties: Delhi High Court Dismisses Equal Pay Petition Conspiracy Cannot Be Presumed from Illicit Relationship: Bombay High Court Acquits Wife, Affirms Conviction of Paramour in Murder Case Bail in NDPS Commercial Quantity Cases Cannot Be Granted Without Satisfying Twin Conditions of Section 37: Delhi High Court Cancels Bail Orders Terming Them ‘Perversely Illegal’ Article 21 Rights Not Absolute In Cases Threatening National Security: Supreme Court Sets Aside Bail Granted In Jnaneshwari Express Derailment Case A Computer Programme That Solves a Technical Problem Is Not Barred Under Section 3(k): Madras High Court Allows Patent for Software-Based Data Lineage System Premature Auction Without 30-Day Redemption Violates Section 176 and Bank’s Own Terms: Orissa High Court Quashes Canara Bank’s Gold Loan Sale Courts Can’t Stall Climate-Resilient Public Projects: Madras High Court Lifts Status Quo on Eco Park, Pond Works at Race Club Land No Cross-Examination, No Conviction: Gujarat High Court Quashes Customs Penalty for Violating Principles of Natural Justice ITAT Was Wrong in Disregarding Statements Under Oath, But Additions Unsustainable Without Corroborative Evidence: Madras High Court Deduction Theory Under Old Land Acquisition Law Has No Place Under 2013 Act: Punjab & Haryana High Court Enhances Compensation for Metro Land Acquisition UIT Cannot Turn Around After Issuing Pattas, It's Estopped Now: Rajasthan High Court Private Doctor’s Widow Eligible for COVID Insurance if Duty Proven: Supreme Court Rebukes Narrow Interpretation of COVID-Era Orders Smaller Benches Cannot Override Constitution Bench Authority Under The Guise Of Clarification: Supreme Court Criticises Judicial Indiscipline Public Premises Act, 1971 | PP Act Overrides State Rent Control Laws for All Tenancies; Suhas Pophale Overruled: Supreme Court Court Has No Power To Reduce Sentence Below Statutory Minimum Under NDPS Act: Supreme Court Denies Relief To Young Mother Convicted With 23.5 kg Ganja Non-Compliance With Section 52-A Is Not Per Se Fatal: Supreme Court Clarifies Law On Sampling Procedure Under NDPS Act MBA Degree Doesn’t Feed the Stomach: Delhi High Court Says Wife’s Qualification No Ground to Deny Maintenance POCSO Presumption Is Not a Dead Letter, But ‘Sterling Witness’ Test Still Governs Conviction: Bombay High Court High Courts Cannot Routinely Entertain Contempt Petitions Beyond One Year: Madras High Court Declines Contempt Plea Filed After Four Years Courts Cannot Reject Suit by Weighing Evidence at Threshold: Delhi High Court Restores Discrimination Suit by Indian Staff Against Italian Embassy Improvised Testimonies and Dubious Recovery Cannot Sustain Murder Conviction: Allahabad High Court Acquits Two In Murder Case Sale with Repurchase Condition is Not a Mortgage: Bombay High Court Reverses Redemption Decree After 27-Year Delay Second Transfer Application on Same Grounds is Not Maintainable: Punjab & Haryana High Court Clarifies Legal Position under Section 24 CPC Custodial Interrogation Is Not Punitive — Arrest Cannot Be Used as a Tool to Humiliate in Corporate Offence Allegations: Delhi High Court Grants Anticipatory Bail Partnership Act | Eviction Suit by Unregistered Firm Maintainable if Based on Statutory Right: Madhya Pradesh High Court Reasonable Grounds Under Section 37 of NDPS Act Cannot Be Equated with Proof; They Must Reflect More Than Suspicion, But Less Than Conviction: J&K HC Apprehension to Life Is a Just Ground for Transfer When Roots Lie in History of Ideological Violence: Bombay High Court Transfers Defamation Suits Against Hamid Dabholkar, Nikhil Wagle From Goa to Maharashtra

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