Specific Relief: Performance, Declarations and Injunctions — Practice

Question 1

Within what time can a summary suit for possession be filed under Section 6?

Accepted Answer

Within six months of the dispossession.

Question 2

What is the limitation for a suit for specific performance?

Accepted Answer

Three years under Article 54 of the Limitation Act, from the date fixed or from notice of refusal.

Question 3

How did the 2018 amendment change the law of specific performance?

Accepted Answer

Specific performance ceased to be discretionary and became the general rule under Section 10, subject to Sections 11(2), 14 and 16. A substituted performance route was added in Section 20, with 30 days' notice, and special rules were added for infrastructure projects.

Question 4

What must a plaintiff prove under Section 16(c)?

Accepted Answer

That he has performed or has always been ready and willing to perform the essential terms of the contract. It must be pleaded and proved, including the means to pay the price.

Question 5

State the proviso to Section 34 and give an example.

Accepted Answer

No court shall make a declaration where the plaintiff, being able to seek further relief than a mere declaration, omits to do so. A plaintiff out of possession who sues only for a declaration of title is barred and must also claim possession.

Question 6

A buyer pays Rs 1 lakh of a Rs 10 lakh price. The seller refuses to execute the deed. The buyer sues eight months later for specific performance, and the seller says the buyer never had the money. Decide.

Accepted Answer

After 2018, Section 10 makes specific performance the rule. The buyer must plead and prove readiness and willingness, including means, under Section 16(c). If the buyer cannot show the ability to pay the balance, the claim fails. If shown, the court grants specific performance, with possession if prayed for under Section 22. The suit is within the three years of Article 54.

Question 7

Distinguish temporary, perpetual and mandatory injunctions and state when an injunction cannot be granted.

Accepted Answer

A temporary injunction lasts until a stated time or order and is governed by Order XXXIX of the CPC. A perpetual injunction is granted by decree after trial to prevent breach of an obligation. A mandatory injunction compels an act to prevent breach and restore the position. Under Section 41 no injunction is granted to stay a judicial proceeding, where equally efficacious relief is available by another mode, or where the applicant's conduct disentitles him.

Question 8

What notice is needed for substituted performance under Section 20?

Accepted Answer

Thirty days' notice to the defaulting party.

Practice — Specific Relief: Performance, Declarations and Injunctions

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