Supreme Court · 2021 INSC 672 · Decided 26 October 2021
Sughar Singh v. Hari Singh (Dead) Through LRS. & ORS.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 672 · [2021] 10 S.C.R. 287
- Case number
- CIVIL APPEAL No. 5110/2021
- Decided
- 26 October 2021
- Bench
- M.R. SHAH, ANIRUDDHA BOSE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100; Specific Relief Act Section 20, 16(c)
Headnote
Specific Relief Act, 1963: s.20 - Discretion under - Exercise of, scope - Held: Discretion under s.20 of the Act is required to be exercised judiciously, soundly and reasonably - Plaintiff cannot be punished by refusing the relief of specific performance despite the fact in his favour was established and proved and that he was found to be always ready and willing to perform his part of the contract - Not to grant the decree of specific performance despite the execution of the agreement to sell and part sale consideration having been proved and the plaintiff
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