S.20 SRA: Power To Grant Decree Of Specific Performance Is “Discretionary”
Case: Smt. Bandhana Modak (Das) and Anr. Versus Sri Parswanath Saha
Coram: Justice Arindam Lodh
Case No.: RFA 28 of 2019
Court Observation: “We have given our thoughtful consideration in the matter and perused the pleadings as well as the evidence brought on record. There cannot be any debate in the Bar that a remedy for specific performance exercises discretionary jurisdiction. Section 20 of the Specific Relief Act specifically provides that the jurisdiction of the court to grant decree of specific performance is discretionary but not arbitrary. Discretion must be exercised in accordance with the sound and reasonable judicial principles.”
“Applying the well settled principle that it is not always necessary to grant specific performance simply for the reason that it is legal to do so, we are of the opinion, that the case in hand is a fit case to exercise our discretion rejecting the plaintiff’s claim to ask the defendants to execute the deed of sale in terms of Exbt.1 as decreed by learned court below.”
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Keywords
Power To Grant Decree, Specific Performance
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