SASIDHARAN NAIR Vs. KUNJU MOHAMMED UNNI

JUDGEMENT

(1.) "Specific performance is relief which this Court will not give, unless in cases where the parties seeking it come promptly, and as soon as the nature of the case will permit" observed Lord Cranworth in Eads Vs. Williams, 1854 (4) D. M. & G. 691 and quoted by Stirling J. in Levy Vs. Stogdon, 1898 (1) Ch. D 484. The above observation still holds good in law a century and a half later as is revealed from the facts unfolded in the present case.

(2.) The decree for specific performance of Ext.A1 agreement for sale granted in O. S. No. 201/2007 is assailed on the ground that the suit is hit by Order II R.2(3) of the Code of Civil Procedure, 1908 ['the CPC' for short]. The plaintiffs had earlier filed O. S. No. 336/2005 on the file of the Court of the Munsiff of Perumbavoor wherein one of the reliefs is a decree for injunction against alienation. Prayer (b) in Ext.B1 plaint in O. S. No. 336/2005 is extracted below:

(3.) The plaintiffs in the meanwhile had filed O. S. No. 201/2007 on the file of the Court of the Subordinate Judge of Perumbavoor for a decree directing the defendant to execute the sale deed. The plaintiffs contended that a sum of Rs.10,00,000.00 was paid as advance on the date of Ext.A1 agreement itself followed by payment of Rs.5,00,000.00 and Rs.15,00,000.00 later. It is the case of the plaintiffs that the defendant did not come forward to execute the sale deed after receiving the balance sale consideration and hence the suit. The defendant maintained that the plaintiffs cannot again sue for the relief of specific performance after having filed a suit for a decree of injunction against alienation earlier. The defendant added that the discretion under S.20 of the Specific Relief Act, 1963 ['the Act' for short] has to be exercised against the plaintiffs in the facts and circumstances. The Court below has decreed the suit directing the defendant to execute the sale deed on the plaintiffs depositing the balance sale consideration within a stipulated time. The defendant has come up in this regular first appeal under S.96 read with Order XLI R.1 of the Code of Civil Procedure seeking to set aside the decree of the Court below on various grounds.