1950 (3) TMI 36

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..... he agreement was dated 17-12-1942 and there is now no dispute that it was executed by the defendant who had fall knowledge of what he was doing. In his evidence he admitted that though he was not originally agreeable to execute the deed of assignment of the decree, he eventually agreed to do to and executed the agreement, Ex. P-2. There was an attempt in the Court below to establish a case of coercion which vitiated the agreement, but the attempt altogether failed. On a perusal of the evidence of the defendant himself and the other three witnesses examined on his behalf, there is no doubt left in our minds that the agreement was duly executed by the defendant and was intended to be acted upon. The defendant's case was that the sanction .....

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..... on the part of the defendant. In the plaint there was no specific prayer far the award of damages in addition to the grant of specific performance. There was an alternative plea that in case the specific performance was not ordered, the defendant may be directed to refund the sum of Rs. 13,100, with interest at 6 per cent. per annum from 17-12-1942 as also Rs. 2000 as damages for loss of profits. The defendant was therefore not called upon to meet the plaintiff's claim for damages in addition to the grant of specific performance. The learned Judge, however thought that this did not matter and that the failure to ask for damages in addition to the substantive relief of specific performance would not disentitle the plaintiff to damages b .....

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..... substitution for, such performance. It then provides for cases in which the Court decides that specific performance ought not to be granted and cases in which the Court decides that specific performance ought to be granted. In the latter case, ill provides that some compensation for breach of contract should also be made to the plaintiff if in its opinion it is not sufficient to satisfy the justice of the case. But there must be an allegation by the plaintiff that having regard to the particular facts and circumstances of the case, the mere grant of specific performance would not satisfy the justice of the case. When such an allegation is made by the plaintiff, the defendant would have a fair opportunity of convincing the Court, that there .....

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