Specific Relief Act, 1963
Section 20—Discretion as to decreeing specific performance—Grant of a decree for specific performance is always discretionary—Exercise of discretion depends on several factors—One of the factors is conduct of plaintiff—Reason is that relief of a decree of specific performance is an equitable relief—A person who seeks equity must do equity.
[Para 9]
Section 20—Specific performance—Denial of—Relief of specific performance is discretionary and equitable—Considering the plaintiffs' conduct of making false and/or incorrect statements in the plaint, which were very material, the plaintiffs are disentitled to relief of specific performance—First plaintiff admitted in the examination-in-chief that the suit property was HUF property—Even after that, the plaintiffs continued to prosecute the suit by seeking a decree in respect of the entire suit property—Plaintiffs did not give up their case concerning the shares of other co-sharers who were not parties to the suit—Courts below were justified in denying discretionary relief of specific performance to the plaintiffs.
[Paras 10 to 14]
Specific Performance
Relief of specific performance denied but damages granted in favour of first plaintiff without interest—Appeal—Considering the plaintiffs' conduct of making false and/or incorrect statements in the plaint, which were very material, the plaintiffs are disentitled to relief of specific performance—Decree of damages passed by trial court modified to extent that the sum of damages will carry interest @ 6% per annum from the date of the decree of the trial court till its payment or realization.
[Para 15]