SURJIT KAUR versus NAURATA SINGH AND ANR.

SURJIT KAUR versus NAURATA SINGH AND ANR.

Where a party has categorically refused to accept part performance and not relinquished all claims to the remaining part of the contract, nor paid full consideration, conditions of Section 12(3) are not met and specific performance cannot be given for part performance; subsequent change of position is not permitted.

Parties
Appellant: Surjit Kaur; Respondent No. 1: Naurata Singh; Respondent No. 2: Respondent No. 2
Jurisdiction
India
Judgment Date
13 September 2000
Procedural Posture
Civil Appeal / Appeal Against High Court Order (second Appeal)
Outcome
Appeal disposed of – Orders of first appellate court and High Court set aside; decree of trial court restored and varied.
Legal Topics
Specific Performance, Part Performance of Contract, Section 12(3), Specific Relief Act
Contract Law Property Law Specific Performance Part Performance of Contract Section 12(3), Specific Relief Act

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Parties

Surjit Kaur

Appellant

Naurata Singh

Respondent No. 1

Respondent No. 2

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal Against High Court Order (second Appeal)

Legal Issues

  1. 1 Whether a party who has categorically refused part performance can later elect to accept part performance under Section 12(3) of the Specific Relief Act
  2. 2 Entitlement to specific performance or compensation when contract terms cannot be wholly performed

Ratio Decidendi

Where a party has categorically refused to accept part performance and not relinquished all claims to the remaining part of the contract, nor paid full consideration, conditions of Section 12(3) are not met and specific performance cannot be given for part performance; subsequent change of position is not permitted.

Court Disposition

Appeal disposed of – Orders of first appellate court and High Court set aside; decree of trial court restored and varied.

Orders

  • Appellant shall repay Rs. 20,000 with interest thereon at 12% per annum from 30th June 1981 till payment.
  • Appellant shall pay another sum of Rs. 20,000 with interest thereon at 12% per annum from date of decree till payment.