jurisdiction to decree specific performance is discretionary,
and the court is not bound to grant such relief merely because
it is lawful to do so. However, the discretion of the court is not
arbitrary but sound and reasonable, guided by judicial
principles. Sub-section (2) of Section 20 of the Act provides
the three situations in which the court may exercise discretion
not to decree specific performance. One of such situation is
contained in clause (a) of sub-section (2) of the Section which
provides that where the terms of the contract or the conduct of
the parties at the time of entering into the contract or the
other circumstances under which the contract was entered
into or such that the contract though not voidable, gives the
plaintiff an unfair advantage over the defendant, the decree of
specific performance need not be passed. It is pertinent to
mention here that in the present case, though execution of
agreement dated 21.06.2004 between the parties is proved,
but it is no where pleaded or proved by the plaintiff that he got
redeemed the mortgaged land in favour of defendant No. 2 in
terms of the agreement, nor is it specifically pleaded that he
was ready and willing to get the property redeemed from the
mortgage.
Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURSIDCITION
CIVIL APPEAL NO. 8427 OF 2014
Ramesh Chand (Dead)
through L.Rs. … Appellant
Versus
Asruddin (Dead)
through LRs and another …Respondents
Citation;(2016) 1 SCC653
Prafulla C. Pant, J.
