Punjab & Haryana High Court, Chandigarh
Citation(2008) 8 SCC 564
CourtSupreme Court of India
Date27 May 2008
Year2008
BenchS.B. Sinha, V.S. Sirpurkar JJ.
Acts/ArticlesSpecific Relief Act 1963 Sections 16, 20, Transfer of Property Act
CategoryProperty & Land Law

Key Principle Established

Specific performance of contract for sale of immovable property is a discretionary remedy. The court considers conduct of parties, readiness and willingness to perform, and whether damages would be adequate.

Brief Facts

A party sought specific performance of an agreement to sell immovable property after the seller refused to execute the sale deed.

Ratio Decidendi

The Court reiterated that specific performance is a discretionary remedy:

  • The plaintiff must prove readiness and willingness to perform at all material times
  • The court considers whether damages would be adequate compensation
  • The plaintiff’s conduct must be fair and equitable
  • Time is not ordinarily of the essence in contracts for sale of immovable property unless specifically made so

Impact & Significance

This judgment is a comprehensive guide to specific performance in property contracts and is frequently cited in suits for enforcement of agreements to sell.

Tags & Related Topics

Property & Land Law Specific Relief Act 1963 Sections 16 20 Transfer of Property Act
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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