T K Vasudevan Nair and Ors. v T Vrij Mohan and Ors., 2025
Section 12(2) of the Specific Relief Act allows discretion to grant partial specific performance but only when the inability arises from defects or lack of title.
Judgement Details
Court
Kerala High Court
Date of Decision
7 November 2025
Judges
Justice Sathish Ninan & Justice P. Krishna Kumar
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
-
In 2007, eight defendants agreed to convey 4 acres and 30 cents of land to the plaintiffs for ₹16,000 per cent within six months.
-
Plaintiffs alleged the defendants failed to perform the agreement and sought specific performance for the portion over which defendants 1-8 had title, in favor of the second plaintiff (a partnership firm).
-
The trial court granted specific performance for a lesser extent of 3 acres and 84.625 cents, as defendants were found to have title only over that portion.
-
Defendants challenged the decree, arguing lack of privity of contract with the second plaintiff and questioning the first plaintiff’s financial capacity.
Issues
-
Whether a decree for part performance for a lesser extent can be granted under Section 12(2) when the defendant holds title over the entire property?
-
Whether the second plaintiff (partnership firm) has the right to seek enforcement of the sale agreement?
-
Whether the plaintiff proved continuous readiness and willingness to perform the contract?
Held
-
The trial court’s decree of partial specific performance was set aside.
-
Plaintiffs failed to prove continuous readiness and willingness.
-
The defendants must refund the advance sale consideration of ₹26 lakh with interest at 12% per annum until the decree, and 6% thereafter.
Analysis
-
Section 12(2) of the Specific Relief Act allows discretion to grant partial specific performance but only when the inability arises from defects or lack of title.
-
Courts cannot grant part performance for a lesser extent when defendants have clear, undisputed ownership of the entire property.
-
The judgment emphasizes the principle of continuous readiness and willingness by the plaintiff as a condition precedent for specific performance.
-
Clarifies the limits of Section 12(2) to prevent plaintiffs from claiming only partial performance based on apprehensions of property extent.