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 Respondent 3 who owned 1/6th of the land). Respondents 1 and 2 were put in actual possession of the land. However, Respondent 3, the […]
The post Specific Performance cannot be claimed as a matter of right, reiterates <b>SC</b> [Read judgment]
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