In Brief
A plaintiff sought specific performance of a property sale agreement while also claiming damages and refund of advance payment. The Supreme Court upheld the High Court's dismissal, holding that Section 12(3) of the Specific Relief Act cannot be invoked when a plaintiff claims damages alongside specific performance, as the statute requires relinquishment of ALL claims. The court also found the plaintiff had not paid the full contractual consideration and was in default. The court clarified that Section 12(3) relief is discretionary and unavailable where contract terms cannot be segregated. The petitioner's refund of earnest money was ordered to be released with accumulated interest within four weeks.
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