GANESH SHET versus DR. C.S.G.K. SETTY AND ORS.

GANESH SHET versus DR. C.S.G.K. SETTY AND ORS.

The Supreme Court held that there was no concluded contract between the parties on 25.1.1984 at Delhi, and the plaintiff did not accept the opportunity to amend the plaint to plead an agreement of 28.4.1984. Relief for specific performance cannot be granted based on evidence alone, without proper pleadings. The discretion exercised by the High Court in refusing specific performance was not contrary to established principles. No decree for specific performance can be granted.

Parties
Appellant: Ganesh Shet; Respondent: Dr. C.S.G.K. Setty; Respondents: Respondent Nos. 2-3
Jurisdiction
India
Judgment Date
15 May 1998
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Specific Performance, Discretionary Relief, Pleadings and Evidence, Variation in Contract Terms
Contract Law Property Law Remedies Specific Performance Discretionary Relief Pleadings and Evidence Variation in Contract Terms

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Parties

Ganesh Shet

Appellant

Dr. C.S.G.K. Setty

Respondent

Respondent Nos. 2-3

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether there was a concluded contract between the parties on 25.1.1984 at Delhi
  2. 2 Whether plaintiff could seek specific performance of an agreement dated 28.4.1984 at Bangalore without amending the pleadings
  3. 3 Applicability of Section 20 of the Specific Relief Act, 1963 to variation between pleadings and evidence

Ratio Decidendi

The Supreme Court held that there was no concluded contract between the parties on 25.1.1984 at Delhi, and the plaintiff did not accept the opportunity to amend the plaint to plead an agreement of 28.4.1984. Relief for specific performance cannot be granted based on evidence alone, without proper pleadings. The discretion exercised by the High Court in refusing specific performance was not contrary to established principles. No decree for specific performance can be granted.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without costs