Specific performance and damages: compensation cannot be added without specific pleading, notice, and proof of necessity.

Specific performance of an agreement to assign a decree was upheld because the agreement was found duly executed, supported by unrebutted acknowledgment of consideration, and free from coercion. Compensation or damages in addition to specific performance could not be awarded without a specific pleading, notice to the defendant, and proof that such relief was necessary to do complete justice; the award was therefore set aside as unsupported and arbitrary. The appellate claim for refund and damages was also declined because the claimant had elected specific performance before the trial court and had not properly shifted to the alternative relief in appeal. The decree for specific performance was maintained, but damages were removed.

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Issues: (i) whether the respondent was entitled to specific performance of the agreement to assign the decree; (ii) whether damages could be awarded in addition to specific performance in the absence of a specific prayer and proof; (iii) whether the alternative relief of refund and damages could be granted in appeal.

Issue (i): whether the respondent was entitled to specific performance of the agreement to assign the decree.

Analysis: The agreement was found to have been duly executed with full knowledge and without coercion. The defendant's acknowledgment of receipt of consideration stood unrebutted by reliable evidence, and the burden to displace the recitals in the agreement was not discharged.

Conclusion: The respondent was entitled to specific performance, and that relief was rightly granted.

Issue (ii): whether damages could be awarded in addition to specific performance in the absence of a specific prayer and proof.

Analysis: Under Section 19 of the Specific Relief Act, compensation in addition to specific performance requires a pleading showing that specific performance alone would not meet the justice of the case, and the defendant must have notice of the claim. No such specific prayer was made, the award was unsupported by evidence, and the amount granted was held to be arbitrary.

Conclusion: Damages in addition to specific performance were not recoverable on the pleadings and evidence.

Issue (iii): whether the alternative relief of refund and damages could be granted in appeal.

Analysis: The respondent had elected to pursue specific performance before the trial court and had not clearly shifted to the alternative claim until the appeal was argued. In the absence of any basis requiring the appellate court to grant the alternative relief, the request was declined.

Conclusion: The alternative relief was not granted.

Final Conclusion: The decree for specific performance was maintained, but the award of damages was set aside, leaving the appeal successful only to that limited extent.

Ratio Decidendi: Compensation in addition to specific performance cannot be awarded unless it is specifically pleaded and proved to be necessary for doing complete justice between the parties.

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