KANSHI RAM versus OM PRAKASH JAWAL AND ORS.

KANSHI RAM versus OM PRAKASH JAWAL AND ORS.

Where a party claiming specific performance has also claimed alternative relief for damages, and the decree for specific performance would be unjust, inequitable and unrealistic, court may grant alternative decree for damages instead of specific performance, exercising its discretion guided by justice and equity.

Parties
Appellant: KANSHI RAM; Respondents: OM PRAKASH JAWAL AND ORS.
Jurisdiction
India
Judgment Date
15 April 1996
Procedural Posture
Civil Appeal / Appeal From Delhi High Court Judgment Dated 18.4.95 in RFA No. 217 of 1972
Outcome
Appeal allowed
Legal Topics
Specific Performance, Alternative Relief, Damages, Discretionary Relief
Property Law Contract Law Specific Performance Alternative Relief Damages Discretionary Relief

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Parties

KANSHI RAM

Appellant

OM PRAKASH JAWAL AND ORS.

Respondents

Procedural Posture

Civil Appeal / Appeal From Delhi High Court Judgment Dated 18.4.95 in RFA No. 217 of 1972

Legal Issues

  1. 1 Whether it would be just, fair and equitable to grant a decree for specific performance of a contract for sale of immovable property
  2. 2 Whether alternative relief for damages should be granted when claimed by the party

Ratio Decidendi

Where a party claiming specific performance has also claimed alternative relief for damages, and the decree for specific performance would be unjust, inequitable and unrealistic, court may grant alternative decree for damages instead of specific performance, exercising its discretion guided by justice and equity.

Court Disposition

Appeal allowed

Orders

  • Appellant shall not again sell the property for five years
  • Plaintiff respondent will be paid Rs. 10 lakhs within three months