KANSHI RAM Vs. OM PRAKASH JAWAL

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the judgment and order dated April 18, 1995 of the Delhi High Court made in RFA No. 217/72. The admitted position is that an agreement of sale dated April 7, 1969 was executed to convey the property on the plot of land admeasuring 100 square yards situated in Dayanand Colony, Rajpat Nagar, New Delhi for Rs.15,000/- and Rs.2,500/- was paid as earnest money. The respondent filed the suit on July 13, 1970 for the specific performance of the agreement and also claimed, alternatively damages for a sum of Rs.12,000/- with interest payable thereon. The Courts below have granted the decree for specific performance. Thus this appeal by special leave.

(3.) The learned counsel for the appellant has fairly contended that specific performance of the contract is within the discretion of the Court and is not a matter of course. The Courts is granting the decree for specific performance should exercise the discretion on sound principles of law. In the event of working out the equities, the Court would in an appropriate case, grant alternative relief, instead of granting the decree for specific performance. In support thereof, he sought to place reliance on the judgment of this Court in S. Rangaraju Naidu v. S. Thiruvarakkarasu, AIR 1995 SC 1769. He contended that the appellant is prepared to pay a sum of Rs.10 lakhs as alternative relief; though the respondent claimed Rs.12,000/- instead of granting specific performance at this distance of time which would be unjust, inequitable and unfair.