JAYAKANTHAM & OTHERS versus ABAYKUMAR

The material on record showed the contract terms, conduct of parties, and circumstances gave the respondent an unfair advantage; it would be inequitable to enforce specific performance. The decree for specific performance was set aside and compensation awarded.

Parties: Appellant: Jayakantham & Others; Respondent: Abaykumar
Jurisdiction: India
Judgment Date: 21 February 2017
Procedural Posture: Civil Appeal / Appeal From a High Court Judgment (second Appeal), Supreme Court Decision
Outcome: Appeal allowed; decree for specific performance set aside and substituted with decree for payment of compensation
Legal Topics: Specific Performance, Discretion Under Specific Relief Act, Compensation in Lieu of Performance

Property Law Contract Law Specific Performance Discretion Under Specific Relief Act Compensation in Lieu of Performance

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 4

Parties

Jayakantham & Others

Appellant

Abaykumar

Respondent

Procedural Posture

Civil Appeal / Appeal From a High Court Judgment (second Appeal), Supreme Court Decision

Legal Issues

1 Whether the relief of specific performance ought to be granted under Section 20(1) of the Specific Relief Act, 1963
2 Whether circumstances rendered it inequitable to enforce specific performance

Ratio Decidendi

Court Disposition

Appeal allowed; decree for specific performance set aside and substituted with decree for payment of compensation

Orders

Appellants to pay respondent Rs. 15 lakhs in lieu of specific performance within two months
On default, interest at 9% per annum will apply until payment or realization