VIJAY PRABHU versus S.T. LAJAPATHIE & ORS.

VIJAY PRABHU versus S.T. LAJAPATHIE & ORS.

The High Court did not err in refusing specific performance under Section 12(3) because the courts below found the plaintiff was not ready and willing to perform and was in default; Section 12(3) is discretionary and applies only where terms permit segregation of rights and where the plaintiff is not in default; however, relinquishment of claims can be made at any stage of litigation.

Parties
Original Plaintiff: Vijay Prabhu; Original Defendants: S.T. Lajapathie & Ors.
Jurisdiction
India
Judgment Date
08 January 2025
Procedural Posture
Special Leave Petition (civil) / SLP Dismissed by Supreme Court
Outcome
Special Leave Petition dismissed
Legal Topics
Specific Performance of Part of Contract, Relinquishment of Claim, Ready and Willing to Perform, Discretionary Relief Under Section 12(3), Partial Relief
Specific Relief Act, 1963 Contract Law Specific Performance of Part of Contract Relinquishment of Claim Ready and Willing to Perform Discretionary Relief Under Section 12(3) Partial Relief

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Parties

Vijay Prabhu

Original Plaintiff

S.T. Lajapathie & Ors.

Original Defendants

Procedural Posture

Special Leave Petition (civil) / SLP Dismissed by Supreme Court

Legal Issues

  1. 1 Whether the plaintiff was entitled to discretionary relief of specific performance under Section 12 of the Specific Relief Act particularly Section 12(3)
  2. 2 Whether relinquishment of claim to further performance of the remaining part of the contract can be made at any stage of litigation

Ratio Decidendi

The High Court did not err in refusing specific performance under Section 12(3) because the courts below found the plaintiff was not ready and willing to perform and was in default; Section 12(3) is discretionary and applies only where terms permit segregation of rights and where the plaintiff is not in default; however, relinquishment of claims can be made at any stage of litigation.

Court Disposition

Special Leave Petition dismissed

Orders

  • Special Leave Petition dismissed.
  • The amount of Rs.20,00,000/- deposited by the defendants in the Trial Court as refund of earnest money shall be refunded to the petitioner with the accumulated interest as awarded by the Court below within four weeks from the date of the order.