PUSHPA HURRIA Vs. JASVINDER SINGH

JUDGEMENT

(1.) THESE are two regular second appeals being RSA No.66/2015 titled Pushpa Hurria & Ors.v. Jasvidner Singh and RSA No. 68/2015 Pushpa Hurria & Ors. vs. Umakant Upadhayay & Anr.

(2.) THE learned counsel for the appellants has contended that while passing a decree of specific performance, the trial court has not considered the fact that the grant of specific performance is a discretionary relief which has to take into consideration various factors including the gross injustice to which a party may be subjected in the event of specific performance. He has drawn the attention of the court to case titled A.C.Arulappan v. Smt.Ahalya Naik, 2001 AIR(SC) 2783 where in para 7, it has been observed as under:

(3.) ON the strength of these observations, the case which has been set up by the learned counsel for the appellants is that although he does not deny the agreement to sell having been entered with the respondents on 12.10.2004, however, his contention is that when the agreement was executed the appellants were not aware of the huge amount of nearly 27 lakhs being raised by the DDA in respect of the alleged misuse of the basement by one of the tenants in contravention of the provisions of the Master Plan and, therefore, notwithstanding the fact that such a tenant had been evicted, the appellants could not be forced to perfect the title of the respondents without the respondents coming forward to share part of the misuse charges levied by the DDA. It contended that the respondents had made false averments in the plaint and, therefore, they were not entitled to the relief of specific performance. The false averment which was purported to have been made by the respondents was in para 7 of the plaint wherein they had stated that according to the agreement the expenses of converting the property from leasehold to freehold were to be borne by the present appellants and not by the respondents which according to the learned counsel was factually incorrect if seen in the context of clause 7 of the agreement entered into between the parties.