AIR 2019 SC 459 ::AIROnline 2019 PAKISTAN SC 5 ::AIR 2019 SC (Civil) 1103 ::2020 (2) Mad LW 749 ::(2019) 133 All LR 288 ::(2019) 1 CgLJ 337 ::(2019) 2 ICC 21 ::(2019) 4 MPLJ 10 ::(2019) 5 Mah LJ 506 ::(2019) 1 JLJR 305 ::(2019) 1 Pat LJR 389 ::(2019) 1 Orissa LR 417 ::(2019) 1 CurCC 66 ::(2019) 1 AndhLD 181 ::(2019) 143 AllIndCas 598 (SC) ::(2019) 194 AllIndCas 1 (SC)

Supreme Court Of India

Hon'ble Judge(s): Abhay Manohar Sapre, Indu Malhotra , JJ

(A) Specific Relief Act (47 of 1963) , S.20— Civil P.C. (5 of 1908) , Appendix A, Appendix B, Appendix C, Forms.47/48— Specific performance Exercise of discretion To avail relief of specific performance parties need to plead and prove all statutory requirements prescribed under provisions of Act and form 47/48 of Appendix A to C of CPC Only then Court is entitled to exercise its discretion to grant or refuse relief according to case made out by parties. (Para 10 11) It is a settled principle of law that the grant of relief of specific performance is a discretionary and equitable relief. The material questions, which are required to be gone into for grant of the relief of specific performance, are First, whether there exists a valid and concluded contract between the parties for sale/purchase of the suit property; Second, whether the plaintiff has been ready and willing to perform his part of contract and whether he is still ready and willing to perform his part as mentioned in the contract; Third, whether the plaintiff has, in fact, performed his part of the contract and, if so, how and to what extent and in what manner he has performed and whether such performance was in conformity with the terms of the contract; Fourth, whether it will be equitable to grant the relief of specif....