Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1963 - s. 20(1) - Discretion as to Specific Relief Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Specific Relief Act, 1963 - s. 20(1) - Discretion as to decreeing specific performance - Held: Court is not bound to grant the relief of specific performance merely because it is la11ful to do so - s. 20(1) indicates that the jurisdiction to decree specific performance is discretionary - However, the discretion of the court is not arbitrary but is sound and reasonable, to be guided by judicial principles - On facts, decree for specific performance 11;as passed by the courts below, in favour of respondent - However, material placed on record indicates that the terms of the contract, the conduct of parties at the time of entering into the agreement and circumstances gave the respondent an unfair advantage over appellants - Circumstances make it inequitable to enforce specific performance - To meet ends of justice, decree for the payment of compensation passed in lieu of specific performance - Decree for specific performance is set aside - Appellants to pay to the respondent Rs. 15 lakhs as just compensation in lieu of specific performance. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2017 INSC 161 |
Petitioner | Jayakantham & Others |
Respondent | Abhaykumar |
SCR | [2017] 2 S.C.R. 355 |
Judgement Date | 2017-02-21 |
Case Number | 3049 |
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