9911796707
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Issues:
Claim for specific performance of an agreement of sale, Clean hands doctrine, Equitable relief, Bona fide purchaser for value without notice, Discretion of the Court under Section 20 of the Specific Relief Act, 1963. Analysis: The case involves a dispute regarding the specific performance of an agreement of sale. The petitioner filed a suit seeking specific performance of an agreement dated October 18, 1976, for the conveyance of property. The petitioner claimed to have paid part consideration and was ready to perform his part, but the respondents were not cooperating. The trial court found breach of the agreement by respondents but denied specific performance due to the involvement of a third party, a bona fide purchaser. The High Court upheld this decision. The Division Bench further rejected the claim on the basis that the petitioner did not come to court with clean hands, a fundamental principle in seeking equitable relief. The Division Bench emphasized the importance of the clean hands doctrine in equitable matters. It noted three circumstances where the petitioner's claims were found to be false and incorrect, thus disentitling him from the equitable relief of specific performance. These circumstances included discrepancies in the petitioner's claims regarding possession of the property, false allegations about informing the third respondent of the agreement, and misrepresentation regarding additional payments made. The Court reiterated that a party seeking equitable relief must approach the court with honesty and truthfulness. Additionally, the Division Bench affirmed the lower court's finding that the third respondent was a bona fide purchaser for value without notice of the agreement, further justifying the refusal of specific performance. This finding was based on a concurrent evaluation of the evidence. The courts below were deemed to have correctly exercised their discretion in denying specific performance on legal principles. The judgment highlights the significance of the clean hands doctrine and the need for honesty and integrity when seeking equitable relief. Ultimately, the Supreme Court dismissed the special leave petition, affirming the decisions of the lower courts. The judgment underscores the importance of approaching the court with clean hands in matters of equitable relief and the discretion of the court in granting specific performance under the Specific Relief Act, 1963.
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