NCLAT: Consideration of Debt Restructuring by Lenders Doesn’t Bar Member from Initiating Proceedings  ||  Delhi High Court: In Matters of Medical Evaluation, Courts Should Exercise Restraint  ||  Delhi HC: Any Person in India Has Right to Legally Import Goods from Abroad and Sell the Same  ||  Delhi HC: Waiver to Section 12(5) of Arbitration Act to be Given Once Tribunal is Constituted  ||  Supreme Court Has Asked States to Regularise Existing Court Managers  ||  SC: Union & States to Create Special POSCO Courts on Top Priority  ||  SC Upholds Authority of CERC to Award Compensation for Delays  ||  SC: Arbitral Tribunal Has Discretion to Include in Sum Awarded, Interest at Rate as it Deems Reasonab  ||  SC: Cannot Use Article 142 to Frame Guidelines on Judicial Recusal  ||  SC: Satisfaction Recorder in One EP Won’t Affect Subsequent EPs for Future Breaches    

Hanumappa Channappa Hullur v. Shivamaruthappa Parappa Kalli and Ors. - (Supreme Court) (21 Aug 2015)

Court to not compel specific performance of contract unless the whole contract can be executed

MANU/SC/0906/2015

Contract

In a case where the Defendant agreed to sell property in its entirety but it later emerged that he had only a third of the share in the property, the Court allowed an appeal for specific performance of the sale. It determined that the case did not involve part performance of the contract as far as the the Defendant was concerned. However, the Court added that in the absence of misrepresentation or misconduct if a person was jointly interested in an estate with another person and purported to sell it its entirety, specific performance would not be granted against him as to his share.

Relevant : Section 12 Specific Relief Act, 1963 Act Kartar Singh v. Harjinder Singh MANU/SC/0158/1990 HPA International v. Bhagwandas Fateh Chand Daswani and Ors. MANU/SC/0536/2004

Tags : SPECIFIC PERFORMANCE   SALE   PROPERTY   PART SHARE  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved