Contract and Specific Relief – Remedies for Breach of Contract
The case Arjun Prasad v. Ganesh Prasad, reported in (2023) 1 HCC (All) 219, primarily deals with the specific performance of a contract involving immovable property.
Facts of the case: The dispute centered on an agreement for the sale of immovable property. The plaintiff, Arjun Prasad, sought the court’s intervention to enforce the contract, claiming readiness and willingness to fulfill his obligations under the agreement. The defendant, Ganesh Prasad, contested the enforceability of the contract, raising issues about its execution and terms.
The legal points in this case are Whether the agreement was duly executed and enforceable. And whether the plaintiff demonstrated continuous readiness and willingness to perform the contractual obligations.
The Allahabad High Court emphasized that in a suit for specific performance: The plaintiff must establish the proper execution of the agreement. The plaintiff must continuously demonstrate readiness and willingness to fulfill contractual obligations. In this case, the court ruled in favor of the plaintiff, granting specific performance, as these conditions were met. This decision reaffirmed key principles under the Specific Relief Act regarding the enforcement of agreements related to immovable properties