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Report No. 199

Specific Relief Act, 1963 merely grants discretion to Courts to refuse specific performance:

Section 20 deals with discretion as to decreeing specific performance. The court is not bound to grant relief merely because it is lawful to do so but it is discretionary and the discretion of the court is not arbitrary but sound and reasonable guided by judicial principles.

One of the cases in which the court may properly exercise discretion not to decree specific performance has been enumerated in sub-section 20 (2)(a) to (c) if the agreement gives an unfair advantage to one party, or involves hardship as it is inequitable to grant specific performance.

Unfair (Procedural and Substantive) Terms in Contract Back

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