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Head Note

The Specific Relief Act, 1963  - Section 12 , Section 14 , Section 20

Specific performance of an agreement - Suit filed for - The appellant contended that he did not have the authority to enter into the agreement to sell ½ share in the house property which belonged to his wife and that he could not sell the coparcenery property - The trial Court decreed the suit for specific performance - The High Court also decreed the suit for agriculture land admeasuring 92 Kanals and 17 Marlas after relinquishing that part of the agreement which was not capable of being performed - Hence, the appeal - Whether the High Court has erred in applying the provisions of Sections 12, 14 and 20 of the Specific Relief Act 1963 - Whether the agreement in question being vague in nature was incapable of being performed - Yes - the offer of relinquishment by the respondents cannot be said to be an unambiguous one, and it will be difficult to decide as to which portion of the land is to be segregated to be retained with appellant, and which portion is to be sold - The Supreme Court held that inspite of the offer of relinquishment made by the respondents the specific performance of the agreement cannot be granted, solely on the ground that it is incapable of being performed - The appellant is directed to pay an amount of Rs.5,00,000/- to the respondents as earnest money with due return and compensation - Impugned order of the High Court set aside -Appeal allowed.

Topic(s)-Specific performance of an agreement

Important Decision(s)- 

• Specific performance of the agreement cannot be granted, solely on the ground that it is incapable of being performed.
• Specific performance of the agreement cannot be granted - Which property belonged.