AIR 2008 SUPREME COURT 1786 ::2008 AIR SCW 2467 ::(2008) 2 CLR 304 (SC) ::2008 (2) CLR 304 ::(2008) 2 All RentCas 893 ::(2008) 3 CivilCourtC 153 ::2008 (12) SCC 145 ::(2008) 4 Scale 805 ::(2008) 3 AllMR 809 (SC) ::2008 (3) All MR 809 ::(2008) 3 Cal HN 35 ::2008 (1) CTLJ 337 ::(2008) 2 All WC 1760 ::2008 (3) ICC 378 ::2008 (5) SRJ 166

Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): P. P. Naolekar, Lokeshwar Singh Panta , JJ

(A) Specific Relief Act (47 of 1963) , S.16(c)— Suit for specific performance of contract - Averment in plaint of plaintiffs readiness and willingness to perform contract - Is mandatory. (Para 8) (B) Specific Relief Act (47 of 1963) , S.20— Specific performance - Relief of, is discretionary - Considerations relevant for grant of such relief. @page-SC1787 The relief for specific performance lies in the discretion of the Court and the Court is not bound to grant such relief merely because it is lawful to do so. The exercise of the discretion to order specific performance would require the Court to satisfy itself that the circumstances are such that it is equitable to grant decree for specific performance of the contract. While exercising the discretion, the Court would take into consideration the circumstances of the case, the conduct of parties, and their respective interests under the contract. No specific performance of a contract, though it is not vitiated by fraud or misrepresentation, can be granted if it would give an unfair advantage to the plaintiff and where the performance of the contract would involve some hardship on the defendant, which he did not foresee. In other words, the Court's discretion to grant specific performance i....