Skip to content
Home » Specific Performance

Specific Performance

Seethakathi Trust Madras v. Krishnaveni

Specific Relief Act, 1963 – Section 19 (b) – Relief against parties and persons claiming under them by subsequent title – Bona fide purchaser long prior to the institution of the suit for specific performance – Specific performance could not be enforced against bona fide purchaser or transferees as they would fall within the exception of transferee for value who had paid money in good faith and without notice of the original contract.

K. Karuppuraj v. M. Ganesan

Specific Performance – Readiness and Willingness – Affidavit filed before the High Court for the first time – Procedure adopted by the High Court relying upon the affidavit in a First Appeal by which virtually without submitting any application for amendment of the plaint under Order VI Rule 17 CPC, the High Court as a First Appellate Court has taken on record the affidavit and as such relied upon the same. Such a procedure is untenable and unknown to law.