Asif Ali v. Rajesab - S.20 SRA -Discretion - Specific Performance

Specific Relief Act 1963 - Section 20 (prior to 2018 amendment)- The discretion to be exercised in a case for specific performance of a contract must be sound and reasonable and not arbitrary. Even if it is lawful to grant the relief, it may not be granted by the court of law in exercise of its discretion judiciously. [Context: The Trial Court, the First Appellate Court and the High Court had all decreed/affirmed specific performance, but the Supreme Court, applying the discretionary principles in Section 20, held that in the circumstances it was not appropriate to compel execution of the sale deed. Instead, the Court granted the alternative relief of refund.]