Vijay Prabhu vs S.T. Lajapathie 2025 INSC 52 - S 12(3) Specific Relief Act - Relinquishment

Specific Relief Act 1963- Section 12 (3)- Relinquishment could be made at any stage of the litigation including the appellate stage. The claim of the plaintiff appellant for grant of benefit under Section 12(3) of the Act not to be rejected on the simple ground that it was not made at the trial stage and had been made for the first time at the appellate stage - The claim can also not be rejected on the short ground that it was not incorporated in the plaint or was not get forth in writing before the Trial Court. (Para 21)

Specific Relief Act 1963 - Section 12 (3)- The words ‘unable to perform’ suggest that the sub-section is applicable only when the party cannot for any reason perform the whole of what he has promised. The inability may arise by any cause whatsoever including any statutory limitations. The inability to perform may arise by— (i) deficiency in quantity of the subject-matter, or (ii) variance in quality, or (iii) defect in title; or (iv) some legal prohibition; or (v) other causes- The expression ‘considerable part’ implies that the part which will be left unperformed is either large as regards quantity or as regards quality. In other words, it is material and not insignificant, so that a reasonable objection can be taken by the promisee to accept performance. The phrase ‘does not admit of compensation’ implies that there is no data for ascertaining a fair and reasonable amount as the money value of the difference between what can be performed and the express subject-matter of the contract. The amount need not be mathematically accurate. If a reasonable estimate of the amount as the money value can be made, it will not be a case where the compensation is unascertainable. (Para 10-13)