AFFAIRE 16: The relief of the concrete performance of the contract cannot be denied due to the passage of time and the escalation of the price of the land. Section 10 of the Act, as amended at this time[4], emphasizes that a defined benefit can normally only be granted and denied in circumstances as defined in points 11, 14 and 16 of the Act. In Jayakantham`s present case, and in particular against Abaykumar, the Tribunal adopted the special benefit decree for the respondent`s purchaser, which was upheld by the District Senior Judge on Appeal and by the High Court of Madras in the second appeal proceeding. However, the Supreme Court took a contrary position and overturned the Concrete Performance Order. 10. In addition to a clear interpretation of section 19 of the Act, we also consider this section to be exhaustive as to who are the parties against whom a contract of a certain benefit can be obtained. In this case, the applicant had lodged an appeal for the practical execution of an agreement to sell real estate. His request to bring the proposed buyers after they declared the purchase agreement in their favour as defendants was rejected by the court and the order was upheld by the Supreme Court. An appeal was lodged in the Apex court.

This article aims to share and take into account the fundamentals and important aspects, while seeking specific execution of ownership and related contracts. “The petitioner/plaintiff found an acronym to maintain the action as such, but to seek permission to pay a deficit tax, as if what was introduced at trial was in fact an action for a defined benefit. Such a questionable approach should not be allowed, particularly in a lawsuit for a defined benefit, since relief from a given benefit is discretionary under Section 20 of the Specific Relief Act, 1963.” AFFAIRE 17: In exercising the discretion in appeals for a given benefit, the Tribunal must bear in mind that if the parties prescribe a delay, for certain stages or for the conclusion of the transaction, this must be relevant box 19: The action for the specific performance of the contract by one of the common undertakings is received: [2] Section 10 (before its modification). Cases in which the performance of the contract is enforceable.- Unless otherwise stated in this chapter, the specific performance of a contract may be imposed at the discretion of the court…… “The High Court unduly replaced the order for a defined benefit with an order to reimburse the consideration of sale, beyond the serious money of Rule 2, 00,000/- to the holder of the order. The reasons weighed by the High Court and its final directions are untenable. In a civil review resulting from an enforcement procedure, the High Court amended the decree. Such a course was not legally open. AFFAIRE 25: The defendant cannot exploit his own wrongs and then argue that a decree for a given benefit would constitute an unfair advantage for the applicant: “The High Court is wrong of a brief delay in filing the appeal against the applicant to declare that he was unwilling and disposed.