Suit for specific performance of contract
Ladhu Ram Chowdhary
(Querist) 18 August 2010
This query is : Resolved
Whether and in which circumstance,alternative relief will be granted by court while deciding suit for Specific Performance ? Whether such alternate relif can be given without there being any prayer ? whate are the guiding principles in this regard ?
M/s. Y-not legal services
(Expert) 18 August 2010
First you tell that you are buyer or seller? Alternative relief in favour of?
Daksh
(Expert) 18 August 2010
Mr.Ladhu Ram Chowdhry,
My take on your query is two fold. Usually the prayer clause in the last has "any other relief/order as this Hon'ble Court deems fit and proper in facts and circumstances of the case" which covers albiet everything not mentioned in the pleadings.
Secondly in India apart from the court of law the courts are also courts of equity and in case the equity demands the same there is no estopple if the court decides to grant the appropriate alternative relief accordingly.
Best Regards
Daksh
pawan sharma
(Expert) 18 August 2010
it only be given when U write it in his pleading .
Alternate remady can claim in the Specific Performance suit.
niranjan
(Expert) 18 August 2010
In suit for specific performance alternative relief could for grant of damages and for that you should have prayed, if damage is not asked the court will not grant the damages.
c n vittal rao
(Expert) 18 August 2010
SIR
in addition let me add that suit for specific performance is for immovable property if the plea for specific performance cannot be granted it will usually be for well established reasons the discretion to grant alternate relief while unfettered it will be exercised only if the failure to grant original relief sought is on grounds which make the grant of such relief impossible to enforce ex property inextricably merged with other property say a construction over it by a third party in case it was a open land before etc however if the reason to grant specific performance is infructuos because of no fault of the vendor you will be set status quo ante
adv. rajeev ( rajoo )
(Expert) 18 August 2010
there should be an alternative prayer of refund of earnest money
s.subramanian
(Expert) 18 August 2010
Sec.22 of the Specific Relief Act governs this issue. It will not be given unless prayed for,.
Uma parameswaran
(Expert) 18 August 2010
If alternative relief is indispensable with specific relief then Court will grant.
Chanchal Nag Chowdhury
(Expert) 18 August 2010
If the Specific Performance cannot be granted, the court will grant alternative relief.
Devajyoti Barman
(Expert) 19 August 2010
If the leave was prayed for under order 2 rule 2 then the absence of specific prayer is no hindrance.
