HER HIGHNESS MAHARANI SHANTIDEVI P. GAIKWAD versus SAVJIBHAI HARIBHAI PATEL AND ORS.

HER HIGHNESS MAHARANI SHANTIDEVI P. GAIKWAD versus SAVJIBHAI HARIBHAI PATEL AND ORS.

The agreement was terminable before delivery of possession and cannot be specifically enforced under Section 14(1)(c) and (d) of the Specific Relief Act, 1963 as it involves performance of a continuous duty which courts cannot supervise; further, the master plan reserves the land for open space, rendering the contract incapable of performance; specific performance would be inequitable as none of the statutory objectives are being achieved.

Parties
Appellant: HER HIGHNESS MAHARANI SHANTIDEVI P. GAIKWAD; Respondents: SAVJIBHAI HARIBHAI PATEL AND ORS.; Intervener: State of Gujarat
Jurisdiction
India
Judgment Date
21 March 2001
Procedural Posture
Civil Appeal / Appeal From Gujarat High Court Judgment and Order Dated 15.6.98 in F.a. No. 1164 of 1992
Outcome
Appeal allowed, suit of plaintiff dismissed.
Legal Topics
Specific Performance, Termination of Contract, Urban Land Ceiling, Master Plan Reservation
Property Law Contract Law Urban Land Regulation Specific Performance Termination of Contract Urban Land Ceiling Master Plan Reservation

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Parties

HER HIGHNESS MAHARANI SHANTIDEVI P. GAIKWAD

Appellant

SAVJIBHAI HARIBHAI PATEL AND ORS.

Respondents

State of Gujarat

Intervener

Procedural Posture

Civil Appeal / Appeal From Gujarat High Court Judgment and Order Dated 15.6.98 in F.a. No. 1164 of 1992

Legal Issues

  1. 1 Whether the agreement for construction of dwelling units is specifically enforceable under the Specific Relief Act, 1963 in light of its terminable nature and master plan reservation
  2. 2 Applicability of Sections 14(1)(c) and (d), and 20 of the Specific Relief Act, 1963
  3. 3 Impact of Urban Land (Ceiling and Regulation) Act, 1976 repeal and master plan reservation on the enforceability of specific performance

Ratio Decidendi

The agreement was terminable before delivery of possession and cannot be specifically enforced under Section 14(1)(c) and (d) of the Specific Relief Act, 1963 as it involves performance of a continuous duty which courts cannot supervise; further, the master plan reserves the land for open space, rendering the contract incapable of performance; specific performance would be inequitable as none of the statutory objectives are being achieved.

Court Disposition

Appeal allowed, suit of plaintiff dismissed.

Orders

  • Impugned judgment set aside.
  • Transfer Case (C) No.64 of 1998 and SLP (C) No.1692 of 1999 disposed of in terms of this judgment.