Specific Reliefs Act, 1963
Section 37—Specific performance and permanent injunction—Alternative relief—Division Bench of the High Court analyzed the entire evidence on record and came to the conclusion that defence taken by defendant of not receiving any amount from the plaintiff and also its denial of executing the agreement to sell is not acceptable—Considering all the facts the Division Bench of the High Court did not think appropriate to decree the suit rather thought it fit to award alternative relief as claimed by the plaintiff for refund of advance along-with interest by giving ten reasons in details—High Court has advanced the substantial justice between parties by accepting the alternative relief—High Court found suspicious circumstances and doubtful situations being raised by both sides—Reasons given were sufficient to arrive at conclusion of not awarding relief of specific performance of contract—No interference warranted—Appeals dismissed.
[Paras 9 to 11 & 13]
Decision : Appeals dismissed