Specific Performance cannot be claimed as a matter of right, reiterates SC [Read judgment]

Bar & Bench April 16 2018

The Supreme Court has reiterated that the power to order specific performance of contract is discretionary and cannot be claimed as a matter of right.

The observation was made by a Bench of Justices RK Agrawal and AM Sapre in a case relating to transfer of property.

By way of background, a sale deed was executed in favour of Respondents 1 and 2 (who are plaintiffs in the Original Suit) by co-owners of the land (except . . .

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