Rajinder Kumar Vs. Shri Kuldeep Singh & Others
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Civil Law - Specific performance
Civil Law - Specific Performance - Is an equitable relief granted by the courts in specific situations - Court by a decree of specific performance compels the defaulting party to do that which in conscience he is bound to do, viz., actually and specifically to perform his contract - the purchaser shall also be liable to meet the liability arising by way of unearned increase to be paid to the Land and Development Office. He is free to withdraw the amounts deposited by him in the court as per order dated 06.01.2010. It is also ordered that in case the plaintiff does not deposit the amount to be paid to the vendors within three months from today, the vendors shall deposit in court within two months thereafter the amount calculated as per the circle rate by way of compensation to be paid to the purchaser, and in which event, they shall stand discharged of their obligations under the contract and the decree - in the event of the purchaser depositing the amount as above, the execution proceedings shall be finalized within another one month.
BENCH :
Advocates For the Appellant(s) :
Topic(s)-Specific Performance
Important Decision(s)- An equitable relief - Court by a decree of specific performance compels the defaulting party to do that which in conscience he is bound to do, viz., actually and specifically to perform his contract.