Specific Relief Act, 1963, Section 12, 16(c) and 20 – Specific performance –Damages – Concurrent findings –Held that the relief of specific performance is discretionary and equitable – Considering the plaintiffs’ conduct of making false and/or incorrect statements in the plaint, which were very material, the plaintiffs held disentitled to relief of specific performance -Plaintiff No. 1 admitted in the examination-in-chief that the suit property was HUF property – Even after that, the plaintiffs continued to prosecute the suit by seeking a decree in respect of the entire suit property – The plaintiffs did not give up their case concerning the shares of other co-sharers who were not parties to the suit – Trial Court, Appellate Court and High Court were justified in denying discretionary relief of specific performance to the plaintiffs – On the damages of Rs.40,000/-, the Trial Court has not granted interest post the decree – Decree of the Trial Court modified by directing that the sum of Rs.40,000/- will carry interest @ 6% per annum from the date of the decree of the Trial Court till its payment or realisation. (Para 14 and 15)
SUPREME COURT OF INDIA
2024 STPL(Web) 137 SC
[2024 INSC 157]
Major Gen. Darshan Singh (D) By Lrs. & Anr. Vs. Brij Bhushan Chaudhary (D) By Lrs.
Civil Appeal No. 9360 of 2013-Decided on 1-3-2024
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