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of <h1>Court orders specific performance of contract, rejects defendant's claims of vagueness and hardship. Plaintiffs awarded costs.</h1> <h3>Ram Sundar Saha And Ors. Versus Kali Narain Sen Choudhury And Ors.</h3> The High Court decreed specific performance of the contract dated 4th December 1920, setting aside the Subordinate Judge's decision. The court found the ... - Issues Involved:1. Whether the defendant was of sound mind at the time of making the contract.2. Whether the contract is vague and indefinite and thus incapable of being specifically enforced.3. Whether specific performance should be decreed considering the alleged hardship to the defendant.Detailed Analysis:1. Whether the defendant was of sound mind at the time of making the contract:The primary issue was the mental capacity of the defendant, Kali Narain, at the time of executing the contract on 4th December 1920. The plaintiffs argued that the defendant was of sound mind, capable of understanding the transaction and forming a rational judgment about its effect on his interests. The Subordinate Judge initially found that Kali Narain was mentally impaired due to age and disease, rendering him incompetent to enter into the contract. However, upon appeal, it was determined that the evidence did not support this conclusion. The High Court found that at the time of the transaction, the defendant was of sound mind, fully capable of understanding the transaction and its implications. The court emphasized that 'the state of the mind of the defendant at the time of the transaction in question' was the critical factor and concluded that the defendant was mentally competent when he made the contract.2. Whether the contract is vague and indefinite and thus incapable of being specifically enforced:The second issue was whether the contract was too vague and indefinite to be specifically enforced. The Subordinate Judge had found the contract vague, particularly regarding the price and the method for its ascertainment. The High Court, however, disagreed, stating that the price was settled in a definite manner, with a provision for alteration if necessary. The court noted that 'the price was settled in a definite manner and provision was made for its alteration if any ground was made out for alteration.' The High Court found no vagueness in the contract, as the consideration was clearly defined as '33 times the net collection after deducting revenue cesses, etc.' The court further clarified that the expression 'necessary stipulations' in the contract referred to standard stipulations implied under the law and contained in the Transfer of Property Act.3. Whether specific performance should be decreed considering the alleged hardship to the defendant:The final issue was whether specific performance should be decreed, taking into account the alleged hardship to the defendant. The Subordinate Judge had dismissed the claim for specific performance, citing the defendant's mental state and the alleged undue influence exerted by Satis Kabiraj. The High Court, however, found no evidence of undue influence and determined that the defendant had received good value for the property. The court stated that 'even if the defendant was of weak intellect, there was full independent advice which would sustain the transaction.' The High Court also dismissed the argument that the contract should not be enforced due to the defendant's weak intellect, noting that the defendant was adequately protected by his sons, officers, and lawyer during the transaction. The court concluded that there was no hardship warranting the refusal of specific performance, as the defendant had received a fair price and the contract was entered into with proper advice and understanding.Conclusion:The High Court set aside the judgment and decree of the Subordinate Judge, decreeing specific performance of the contract dated 4th December 1920. The appeal was decreed with costs in both courts, and the cross-objection was dismissed without costs. The court emphasized that the plaintiffs, who had negotiated in good faith and paid earnest money, were entitled to specific performance, and there was no evidence of undue influence or unfair means in securing the contract.
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