Ramesh Chand (D) Thr. Lrs Vs. Asruddin (D) Thr. Lrs & Anr
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Head Note
The Specific Relief Act, 1963 - Section 20
Specific Performance - Though execution of agreement dated 21.06.2024 between the parties is prove yet it is nowhere pleaded or proved by the plaintiff that he got redeemed the mortgaged land in favour of defendant No. 2 in terms of the agreement, nor is it specifically pleaded that he was ready and willing to get the property redeemed from the mortgage - Held that it is a fit case where instead of granting decree of specific performance, the plaintiff can be compensated by directing the appellant to pay a reasonable and sufficient amount to him -Mere refund of rupees four lacs with interest at the rate of 8% per annum, as directed by the trial court, would be highly insufficient - Appellants (Legal Representatives of original defendant No.1, since died) directed to repay rupees four lacs along with interest at the rate of 18% per annum from 21.06.2024 till date within a period of three months from today to the L.Rs. of respondent No. 1 - If they do so, the decree of specific performance shall stand set aside - If the amount is not paid or deposited before the trial court in favour of the L.Rs. of respondent No.1 within a period of three months, as directed, the decree of specific performance shall stand affirmed.
Topic(s)-No Specific Performance - Only Compensation Granted