Supreme Court

Hanumappa Channappa Hullur v. Shivamaruthappa Parappa Kalli and Ors.

MANU/SC/0906/2015

21.08.2015

Contract

Court to not compel specific performance of contract unless the whole contract can be executed

In a case where the Defendant agreed to sell property in its entirety but it later emerged that he had only a third of the share in the property, the Court allowed an appeal for specific performance of the sale. It determined that the case did not involve part performance of the contract as far as the the Defendant was concerned. However, the Court added that in the absence of misrepresentation or misconduct if a person was jointly interested in an estate with another person and purported to sell it its entirety, specific performance would not be granted against him as to his share.

Relevant

Section 12 Specific Relief Act, 1963 Act Kartar Singh v. Harjinder Singh MANU/SC/0158/1990
HPA International v. Bhagwandas Fateh Chand Daswani and Ors. MANU/SC/0536/2004

Tags : Specific performance sale property part share

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