Specific performance means the execution of a contract as made; the actual performance of a contract by the party bound to fulfil it.
Hals bury defines ‘Specific performance as ” an equitable relief given by the court in case of breach of contract . in the form of Judgement that the defendant has to do.”
Actually the specific performance of a contract is a remedy in which party to a contract is compelled to do on omit the very act asper to the terms of the contract .
Some grounds for specific performance :-
the very act as per to the terms of the contract
Some grounds for specific performance : –
There are circumstances where court gives the order of specific performance which are as follows:-
1. No standard of ascertaining The count in its discretion are power may order Specific performance, when no standard exists form ascertaining the actual damage caused on account of non performance .
2.where compensation is an adequate relief, then the count anders for specific performance . Because the losses caused due to non- performance. can’t be recovered by compensation .
3. When pecuniany compensation The insolvent is not recoverable cy of a defendant is generally a ground for granting specific relief to the plaintiff where there is no probability for the
Pecuniary compensation. On when count observes that the monetary compensation is can’t be recoverable by the defendant then court gives the order of specific performance
4.pertaining to trust
According to section- 11(0) of specific relief Act, when the contract for the performance of a trust, the count may allow specific performance wholly or partial.
Thus by the above mentioned points it is clear that there are certain grounds where monetary compensation is not adequate so in that cases count given an order of specific performance.
Gobind Ram vs Gian Chand
In the case of Gobind Ram vs Gian Chand, the respondent had filed a suit against the appellant for specific performance in which he fails to perform the sale of 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 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.
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.
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