Showing posts with label S 50(1) of registration Act. Show all posts
Showing posts with label S 50(1) of registration Act. Show all posts

Thursday, 24 September 2020

Supreme Court: after 2018 amendment in the Specific Relief Act, the court must grant specific performance of a contract

The relief of specific performance of an agreement, was at all

material times, equitable, discretionary relief, governed by the

provisions of the Specific Relief Act 1963, hereinafter referred to as S.R.A. Even though the power of the Court to direct specific

performance of an agreement may have been discretionary, such

power could not be arbitrary. The discretion had necessarily to be exercised in accordance with sound and reasonable judicial principles.{Para 67}

68. Section 10 of the S.R.A. as it stood prior to its amendment

with effect from 1.10.2018 provided:-

“10. Cases in which specific performance of contract

enforceable.- Except as otherwise provided in this Chapter,

the specific performance of any contract may, in the

discretion of the court, be enforced-


69. After amendment with affect from 1.10.2018, Section 10 of

the S.R.A. provides:

10. Specific performance in respect of contracts.-

The Specific performance of a contract shall be enforced

by the court subject to the provisions contained in subsection

(2) of section 11, section 14 and section 16.

70. After the amendment of Section 10 of the S.R.A., the words

“specific performance of any contract may, in the discretion of the Court, be enforced” have been substituted with the words “specific performance of a contract shall be enforced subject to ...”. The Court is, now obliged to enforce the specific performance of a contract, subject to the provisions of sub-section (2) of Section 11, Section 14 and Section 16 of the S.R.A. Relief of specific performance of a contract is no longer discretionary, after the amendment.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3574 OF 2009

B. SANTOSHAMMA & ANR. Vs D. SARALA & ANR. 

Author: Indira Banerjee, J.

Dated: SEPTEMBER 18, 2020

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