Full Name		Full Name is required
Email ID		Email ID required Invalid Email is ID
(this email-id will be treated as your User ID also)
Address
City		City required
Mobile No		Mobile No is required Invalid Mobile No
	* Mobile No is required for verification of identity

Head Note

The Code of Civil Procedure, 1908  - Section 20

Specific Performance - Discretion - Exercise of - It appears that possession was not given to the plaintiff at the time of execution of the agreement, nor the area of land agreed to be sold was clear - It cannot be said that the plaintiff has done substantial acts or suffered losses due to expenditure in constructions etc., in consequence of a contract capable of specific performance - Direction given by High Court in the impugned order shows that the measurements of land actually agreed to be sold, are not final - Held that instead of affirming the decree of specific performance as modified by High Court, it will be equitable, just and proper to direct the appellants to pay back amount of Rs.60,000/-accepted by the original defendant with interest @ 18% per annum to the plaintiff/respondent from 04.02.2024 till date, within a period of three months, failing which this appeal shall stand dismissed - Amount of Rs.73,125/-deposited by the plaintiff may also be withdrawn by him after appellants pay or deposit the sum in favour of plaintiff as directed above.

The Specific Relief Act, 1963  - Section 20

Specific Performance - Discretion - Exercise of - Section 20 of the Act, 1963 gives discretion to the court, and provides that the court is not bound to grant relief of specific performance merely because it is lawful to do so - It further provides that the discretion is not to be exercised arbitrarily but guided by judicial principles - Sub-section (2) of Section 20 enumerates three conditions when discretion is not to be exercised to grant decree of specific performance.

Topic(s)-Specific Performance - Discretion- Exercise of - Other relief provided