Law: Specific Relief Act, 1877

Section: 12,8,54

Law: Transfer of Property Act, 1882

Section: 54

(a) Specific Relief Act (I of 1877)--- ----Ss.12, 8, 54---Suit for specific performance, possession and perpetual injunction---Agreement to sell was executed by some of the defendants---Scope---Appellants filed a suit for specific performance, possession and perpetual injunction against respondents---Trial Court dismissed the suit to the extent of two respondents but decreed the same in terms that the appellants were entitled to receive the earnest amount and other miscellaneous expenses from one of the respondents---Validity---One of the respondents had not signed the agreement---Second respondent had alienated his share through gift deed and the same was not challenged by the appellants---Third respondent had agreed to transfer the land in excess of his share---No effective decree could be passed in favour of the appellants, hence, dismissal of suit to the extent of specific performance of contract and perpetual injunction was also justified from the record of the case---Appeal was dismissed. (b) Transfer of Property Act (IV of 1882)--- ----S.54---Transfer of title---Principle---One cannot transfer a title better than he himself owns. (c) Specific Relief Act (I of 1877)--- ----S.12---Suit for specific performance---Payment of entire sale consideration as earnest amount---Scope---Where plaintiffs had claimed that entire sale consideration amount was paid and nothing was left to be done in future; High Court observed that it was enjoined upon the plaintiffs to obtain sale deed forthwith and there was no explanation that which factor barred the execution of sale deeds in the light of agreement---Being a defective sale deed the same could not be ordered to be implemented. (d) Specific Relief Act (I of 1877)--- ----S.12---Suit for specific performance---Return of earnest amount---Quantum of damages---Scope---Where plaintiff claimed that in lieu of decree for specific performance he was entitled to be granted consideration amount as per recent market value of the land; High Court observed that the contention was without any substance because the plaintiff had not placed any evidence to prove market value of the land---Furthermore, it was also not mentioned in the…

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