MANZOOR AHMED MARGRAY ETC. versus GULAM HASSAN ARAM AND ORS.

MANZOOR AHMED MARGRAY ETC. versus GULAM HASSAN ARAM AND ORS.

Decree for specific performance of contract can be granted despite default clause providing for payment of damages. Specific performance may be granted for part shares of property that can be transferred. Orchard land in question is specifically excluded from 'land' under J&K Agrarian Reforms Acts, and prohibition on transfer is not absolute. Plaintiff was ready and willing to perform contract, suit filed within limitation, and there is no statutory bar to relief sought.

Parties
Appellant Defendant No. 1: Manzoor Ahmed Margra Y; Appellant Defendant No. 3: Manzoor Ahmed Margra Y (minor son); Respondent Plaintiff: Ghulam Hassan Aram; Defendant No. 2: Ghulam Rasool (brother)
Jurisdiction
India
Judgment Date
05 October 1999
Procedural Posture
Civil Appeals (slp Nos. 18241 42/98 and 16649 50/98) / Decision on Appeals Against High Court Decree
Outcome
appeals dismissed
Legal Topics
Specific Performance, Part Performance of Contract, Sale of Property, Default Clause in Contract, Prohibition on Transfer of Orchards
Contract Law Property Law Specific Relief Specific Performance Part Performance of Contract Sale of Property Default Clause in Contract Prohibition on Transfer of Orchards

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Parties

Manzoor Ahmed Margra Y

Appellant Defendant No. 1

Manzoor Ahmed Margra Y (minor son)

Appellant Defendant No. 3

Ghulam Hassan Aram

Respondent Plaintiff

Ghulam Rasool (brother)

Defendant No. 2

Procedural Posture

Civil Appeals (slp Nos. 18241 42/98 and 16649 50/98) / Decision on Appeals Against High Court Decree

Legal Issues

  1. 1 Whether decree for specific performance can be granted despite a default clause for damages in contract
  2. 2 Whether specific performance can be granted for part shares in property
  3. 3 Whether prohibition under J&K Agrarian Reforms Act and J&K Prohibition on Conservation of Land and Alienation of Orchards Act applies to orchards

Ratio Decidendi

Decree for specific performance of contract can be granted despite default clause providing for payment of damages. Specific performance may be granted for part shares of property that can be transferred. Orchard land in question is specifically excluded from 'land' under J&K Agrarian Reforms Acts, and prohibition on transfer is not absolute. Plaintiff was ready and willing to perform contract, suit filed within limitation, and there is no statutory bar to relief sought.

Court Disposition

appeals dismissed

Orders

  • Receiver directed to hand over possession of land for which sale deed executed to plaintiff
  • If permission for sale deed required under Section 3 of J&K Prohibition on Conservation of Land and Alienation of Orchards Act, 1975, parties to file application to obtain permission