2003 (8) TMI 575 - SC - Indian Laws

Summary

Issues:
- Suit for specific performance based on a vague agreement description

Analysis:
The Plaintiffs filed a suit for specific performance of an agreement regarding a land parcel. The Trial Court dismissed the suit citing vagueness in the agreement description, leading to the inability to identify the suit property clearly. The First Appeal and Second Appeal also upheld this decision, emphasizing the importance of certainty in the description of the property for specific performance.

The Plaintiffs argued that the agreement clearly outlined the portion of land to be sold, including a house, and contended that a decree for specific performance could be granted based on the agreement's terms. However, all courts found it challenging to identify the suit property due to the lack of specific boundaries or clear specifications, making enforcement of a decree difficult.

Referring to legal precedents, the court highlighted the importance of certainty in contract terms for enforcement. The judgment cited cases where the identifiability of the property was crucial for granting specific performance. It was emphasized that if the property cannot be clearly identified, the relief of specific performance cannot be granted, as seen in previous court decisions.

In conclusion, considering the lack of clarity in the suit property's description and the consistent findings of fact by the lower courts, the Supreme Court found no merit in the appeal and dismissed it. The court reiterated the necessity of clear identification of the property for specific performance and upheld the lower courts' decisions in this regard.