Law: Specific Relief Act, 1877

Section: 12,19

Law: Civil Procedure Code (V of 1908)

Section: 5

Specific Relief Act (I of 1877)--- ----Ss.12 19---Civil Procedure Code (V of 1908), O. XXXVIII, R.5---Suit for specific performance of agreement to sell---Transfer of suit property to the subsequent purchaser---Breach of contract---Compensation, award of---Attachment of property before ---Scope---Suit was decreed with the direction to the executant of agreement to sell to execute conveyance deed in favour of plaintiff but no relief of possession was extended---Validity---Plaintiff had paid all the consideration amount to the defendant/builder of housing society---Defendant had sold suit land in favour of subsequent purchaser and he was bound to refund amount so realized by him to the plaintiff---Builder had failed to complete construction by due date and even he had not returned consideration amount received by him to the plaintiff---Subsequent purchaser had possession of suit property and its sale deed---Execution of conveyance deed through Court in favour of plaintiff would render sale deed in favour of defendants as ineffective---Case of plaintiff for specific performance against the builder had been made out but it had become a case of hardship for the subsequent purchaser---Relief of specific performance, even if contract was enforceable, was discretionary and same could be withheld by the Court---When Court had concluded that grant of relief of specific performance had been made out but it would be a case of hardship to other side or unfair and inequitable to any third party who was not at fault then it should compensate the plaintiff---Builder had breached contract and only execution of title document was not specific performance of a contract of sale of immovable property when plaintiff was not in possession of suit premises---Execution of title document had to be coupled with delivery of possession of suit property to the plaintiff---Court could not grant decree of possession of suit property to the plaintiff owing to the presence of bona fide purchaser of suit premises---Plaintiff should have been granted relief of specific performance with additional compensation, in circumstances---Court in suit for specific peformance could grant two decrees of…

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