Law:

Section:

(a) Specific Relief Act (I of 1877)---.--- ---.---Ss. 39 & 35---.---Rescission of contract---.---Scope---.---Agreement was executed between appellant and Medical Superintendent of Government Hospital, whereby permission was granted to appellant for construction of a medical store in the premises of the Hospital---.---After the agreement, building of medical store was constructed and appellant had been utilizing said premises for medical store---.---Respondent who was also eligible and intended to obtain the said contract (Medical Store), could not get the same as it was given to the appellant without inviting tenders and calling applications from the aspirants---.---Respondent filed writ petition in the High Court alleging that action of Medical Superintendent of the Hospital was illegal and violative of fundamental rights guaranteed by the Constitution---.---Writ petition was accepted by the High Court and agreement arrived at between the appellant and Medical Superintendent, was cancelled---.---Validity---.---Contract signed between the appellant and Medical Superintendent, was executed by the parties without bidding in that regard---.---Property belonging to the Government, could not be handed over to any private person, without obtaining approval of the Government, through a Government notification---.---In the present case, no such approval of the Government had been obtained by the Medical Superintendent before entering into contract with the appellant---.---Medical Superintendent had entered into said agreement with appellant on the basis of his personal liking and disliking---.---No law existed which empowered any departmental Authority to award or enter into contract with private parties on the basis of negotiation---.---Counsel for appellant had contended that respondent (writ petitioner before High Court) had an alternate remedy under Ss.35 & 39 of Specific Relief Act, 1877, regarding rescission of contract---.---Validity---.---Under provisions of S.35(a)(b)(c) of Specific Relief Act, 1877, if a default was made by a party then person so affected could avail remedy under said section---.---Section 35(a)(b)(c) in circumstances, was not…

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