Contract Assingment2 Samprity Kar Bba LLB

PRESENTED BY
SAMPRITY KAR
BBA LLB
213244
SPECIFIC RELIEF ACT 1963
 (Case laws and their understanding)

GOVIND RAM VS GIAN CHAND
• In this case of Gobind Ram vs Gian Chand, the respondent had filed a suit for specific performance
on the part of the appellant for failure to perform the sale deed according to the contract entered by
both within the specified time period. As the appellant was not capable enough to pay the amount
which he was subject to according to the contractor’s term, the respondent had paid on behalf of the
appellant.
• The court took into consideration Section 20 of the Specific Relief Act,1963 once again stating that
the court before issuing a decree for specific performance must also consider the motive behind the
litigant. The court must ensure that the litigant is not abusing the appellant by asking for specific
performance from the court.
• Therefore whatever decision is taken by the court, the same must be based on reasonability,
uprightness, and fairness. The court in this case also viewed that no undue advantage or misuse was
carried out on the part of the respondent and therefore he is entitled to get the decree from the court
of law.
K. NARENDRA VS RIVIERA APARTMENTS PVT LTD
• In the case of K. Narendra vs Riviera Apartments(P) Ltd, a conflict arose over land which was given
under lease to the petitioner by the President of India. The only usage of the concerned land that
could be carried out was building a single storey residential building for bringing up private dwelling
homes. The appellant further entered into an agreement with the respondent thereby assigning the
rights, interests, and titles of the concerned property.
• The court based its judgment on Section 20 of the Specific Relief Act, 1963 which makes the
declaration of specific performance to be discretionary on the part of the cou rt.
• The court in this case of K.Narendra vs Riviera Apartments opinionated that although
specific performance will not be provided, the respondent must receive some amount of
compensation for the activities of the petitioner under Section 21 of the Specific Relief
Act,1963 which lays down awards of compensation either as an addition or a substitution of
the specific performance
PARAG ENGINEERING WORKS VS UNION OF INDIA AND ORS
• In the case of Parag Engineering Works vs Union of India, the Gauhati High Court discussed the meaning
and application of Section 14 of the Specific Relief Act,1963 which talks about the contracts which are not
specifically enforceable. The issue, in this case, revolves around the subscription of a telephone by the
petitioner company.
• There was a default on the part of the telephone company to function properly whenever the petitioner was
in need of the same. The Telephone Department had once mentioned that the problem being suffered by the
petitioner is because of the fault in the cable and cited it as a chronic problem which can be minimised if the
indicator of the apparatus is changed with a new one
• The court considered Section14 for coming to a conclusion in this case. Section 14(d) of the Specific Relief
Act,1963 expressly provides that where there is a performance which involves continuous work and it
becomes difficult for the court to supervise, in such situations the court should not pass any order.
SMT. GITA RANI PAUL VS DIBYENDRA KUNDU ALIAS
DIBYENDRA
• In the case of Smt. Gita Rani Paul vs Dibyendra Kundu Alias Dibyendra, the Supreme Court of
India took a view that if a suit regarding dispossession is filed by a party, the only fact that needs to
be proved by the party before the court is that he is entitled to the title of that particular property.
Therefore the title of the property should be proved before the court. The proving of the very title of
the property will further initiate the proving of other necessary items as well.
PRAVEEN GARG VS SATPAL SINGH & ANR
• Delhi High Court while considering the case of Praveen Garg vs Satpal Singh & Anr took into consideration
Section 20 and Section 16(c) of the Specific Relief Act,1963. The case revolves around the fact that the
plaintiff was a Government contractor who was engaged in the construction business and was looking for a
property.
• The plaintiff entered into an agreement to sell with the respondent for his property by paying a certain amount
of consideration. No documents related to the transfer of title of property from the respondent to that of the
plaintiff were disclosed to the plaintiff. There was a delay in the disclosure of documents and in the meantime,
the plaintiff due to financial incapacity failed to complete the transactions involved in the sale.
• The trial court was with the opinion that the decree cannot be granted on grounds that when the agreement was
entered into by the parties, the plaintiff did not get the title of ownership of possession on the respondent’s
property.
CONCLUSION
The Specific Relief Act, 1963 is a very special, comprehensive and practical Act that aims to secure an
agreement entered by two parties. It is a procedural statute rather than a subjective one. The provisions
of the Act are promising in nature with a taste of reality. This Act aims in securing justice in its truest
sense. Several judgments passed by the courts in our country have referred to different sections of the
Act in order to decide the relief to be provided to the aggrieved party. The Act works towards bringing
in mutuality between the two parties involved in the contract. It is more than just providing relief to
the parties and therefore the usage of the Act is also restricted to certain exceptional cases only. A
relief in kind is more effective than relief in monetary terms. This Act observes this principle in the
process of regulation of breach of contracts.

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PRESENTED BY

 (Case laws and their understanding)

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