The relief of specific performance of an agreement, was at all
material times, equitable, discretionary relief, governed by the
provisions of the Specific Relief Act 1963, hereinafter referred to as S.R.A. Even though the power of the Court to direct specific
performance of an agreement may have been discretionary, such
power could not be arbitrary. The discretion had necessarily to be exercised in accordance with sound and reasonable judicial principles.{Para 67}
68. Section 10 of the S.R.A. as it stood prior to its amendment
with effect from 1.10.2018 provided:-
“10. Cases in which specific performance of contract
enforceable.- Except as otherwise provided in this Chapter,
the specific performance of any contract may, in the
discretion of the court, be enforced-
69. After amendment with affect from 1.10.2018, Section 10 of
the S.R.A. provides:
10. Specific performance in respect of contracts.-
The Specific performance of a contract shall be enforced
by the court subject to the provisions contained in subsection
(2) of section 11, section 14 and section 16.
70. After the amendment of Section 10 of the S.R.A., the words
“specific performance of any contract may, in the discretion of the Court, be enforced” have been substituted with the words “specific performance of a contract shall be enforced subject to ...”. The Court is, now obliged to enforce the specific performance of a contract, subject to the provisions of sub-section (2) of Section 11, Section 14 and Section 16 of the S.R.A. Relief of specific performance of a contract is no longer discretionary, after the amendment.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3574 OF 2009
B. SANTOSHAMMA & ANR. Vs D. SARALA & ANR.
Author: Indira Banerjee, J.
Dated: SEPTEMBER 18, 2020
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