Grant of Relief of Specific Performance: What the Supreme Court heldJanuary 7 2019
The Supreme Court reaffirmed that the grant of relief of specific performance is a discretionary and equitable relief and the statutory requirements for the same have to be properly pleaded by the parties in their pleadings and proved with the aid of evidence in accordance with law.
It is only then that the Court is entitled to exercise its discretion and accordingly grant or refuse the relief of specific performance depending upon the case made out by the parties on facts, a Bench of Justices AM Sapre
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