SURINDER SINGH versus KAPOOR SINGH (D) THROUGH LRS. AND ORS.

SURINDER SINGH versus KAPOOR SINGH (D) THROUGH LRS. AND ORS.

Equity lies in favour of granting specific performance of the contract in respect of the share of the Appellant who was authorized to contract in relation to his own share, even though he was not authorized to contract the share of his sister; Section 12(3) of the Specific Relief Act, 1963 clearly applies, allowing specific performance for the part of the contract capable of performance, provided the party seeking relief relinquishes all claims for compensation and performance of the remainder.

Parties
Appellant: Surinder Singh; Respondents: Kapoor Singh (D) through LRs. and Ors.
Jurisdiction
India
Judgment Date
03 May 2005
Procedural Posture
Civil Appeal / Appeal From Punjab and Haryana High Court Letters Patent Appeal No. 656 of 1983
Outcome
Appeal dismissed
Legal Topics
Specific Performance, Part Performance of Contract, Specific Relief Act Section 12(3)
Property Law Contract Law Specific Performance Part Performance of Contract Specific Relief Act Section 12(3)

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Parties

Surinder Singh

Appellant

Kapoor Singh (D) through LRs. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Punjab and Haryana High Court Letters Patent Appeal No. 656 of 1983

Legal Issues

  1. 1 Whether specific performance can be granted for the share of the Appellant when he was not authorized to contract on behalf of his sister.
  2. 2 Whether Section 12(3) of the Specific Relief Act, 1963 is applicable when only a part of the contract can be performed.

Ratio Decidendi

Equity lies in favour of granting specific performance of the contract in respect of the share of the Appellant who was authorized to contract in relation to his own share, even though he was not authorized to contract the share of his sister; Section 12(3) of the Specific Relief Act, 1963 clearly applies, allowing specific performance for the part of the contract capable of performance, provided the party seeking relief relinquishes all claims for compensation and performance of the remainder.

Court Disposition

Appeal dismissed

Orders

  • Decree for specific performance of the contract in respect of the share of Surinder Singh
  • Sale consideration reduced by 50% as the Appellant's share only is to be conveyed