Supreme Court · 2000 INSC 463 · Decided 27 September 2000
Gobind Ram v. Gian Chand
- Court
- Supreme Court of India
- Citation
- 2000 INSC 463 · [2000] SUPP. 3 S.C.R. 443
- Case number
- CIVIL APPEAL No. 443/1994
- Decided
- 27 September 2000
- Bench
- V.N. KHARE, S.N. PHUKAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act Section 20
Headnote
B Specific Relief Act, 1963: Section 20. Decree for specific performance-Grant of-Held, the grant of decree is not automatic but is one of discretion of the Court on fair, just and C equitable consideration-Court should meticulously consider the facts and circumstances and motive behind the of real estates-Suit for D specific performance-Al/owed by the Trial Court and High Court-On appeal, held it would be inequitable and unjust to deny the decree which was allowed by the Courts below when no undue or unfair advantage was taken by the party-However, to mitigate the hardship of
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