NewDefendant (None) 27 December 2009

Pls explain - SpecificRelief Act

Could any learned lawyers please explain in lay mans terms the underlined sentences below? Thank you so much.

Personal bars to relief. 16. Personal bars to relief.-Specific performance of a contract cannot be enforced in favour of a person- (a) who would not be entitled to recover compensation for its breach;

and

or (b) who has become .......... ........., or wilfully acts at variance with, or in subversion of, the relation intended to be established by the contract;

or (c) who fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, .............

and

(ii) the plaintiff must aver performance of, or readiness and willingness to perform, the contract according to its true construction.

Can the buyer suddenly show readiness and willingness after 16 months of signing the agreement and fling suit for specific performance?

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4 Replies

sridher mariappan (advocate/notary) 28 December 2009

the queries raised by you will be reverted in a day or 2 as it needs detailed explanation.

NewDefendant (None) 28 December 2009

Thank you so much. Don't worry abt too much detail, just simple explanation if it is not too much of a bother for you :-) Thank you once again.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 30 December 2009

a). means suit cannot be decreed in favour of a person who can get the matter end just getting some compensation from the opposite party for breach of the contract. Means if other party offers some amount to him even then he cannot accept it because his loss is very large.

b). I fplaintiff himself is found involved in the breach of the term of contract or he created such ciercumstances for the defendant not to follow the term of the contract means the plaintiff is responsible for making breach of the contract on the part of defendant

c). The plaintiff was not ready or willing to perform his part of contract

d). He was always ready and willing to perform his part of contract but it was the defendant who was not ready or willing.

All the circumstances are required to be disclosed prior to getting accurate reply of your question raised at the fag end of quarry. Post me all the facts, if you require my reply.

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NewDefendant (None) 31 December 2009

Thank you so much Mr Makkad. Can I send you email?