Specific Relief Act (47 of 1963), S. 16 Suit for specific performance

AIR 2013 SUPREME COURT 2881

Civil Appeal No. 1361 of 2006 with 3789-3791 of 2007,

D/03-09-2013.

Tarabai (Dead) Through L. Rs. v. Govt.of Karnataka & Ors. 

Specific Relief Act (47 of 1963), S. 16 Suit for specific performance - Cause of action - Plaintiff's land acquired for construction of office of Industrial Development Corporation Suit filed challenging acquisition Compromise reached between parties Corporation agreeing to reconvey part of land and use remaining part for its office On remaining part of land getting allotted to industrial unit - Plain- tiff filing suit for specific performance of compromise and for reconveyance of remaining land- Facts however showing that even before filing of suit corpo- ration had initiated proceedings to can- cel allotment Cause of action for filing suit cannot be said to have arisen Moreover no notification to withdraw land from acquisition was issued Govt. as such continued to be owner of land Merely for delay to construct administrative building, decree of specific performance cannot by granted.