Supreme Court · 2017 INSC 161 · Decided 21 February 2017
Jayakantham & Others v. Abaykumar
- Court
- Supreme Court of India
- Citation
- 2017 INSC 161 · [2017] 2 S.C.R. 355
- Case number
- CIVIL APPEAL No. 3049/2017
- Decided
- 21 February 2017
- Bench
- ARUN MISHRA, D.Y. CHANDRACHUD (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Specific Relief Act Section 20(1)
Headnote
355 JAYAKANTHAM & OTHERS v. ABAYKUMAR (Civil Appeal No. 3049of2017) FEBRUARY 21, 201 7 [ARUN MISHRA AND DR. D. Y. CHANDRACHUD, JJ.) 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 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
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)