RAJJAN LAL Vs. RAM MANOHAR

JUDGEMENT

(1.) Heard Shri Avadhesh Kumar Shukla, learned counsel for the appellants and Shri Kulbhushan Singh Sikarwar, learned counsel for the respondent.

(2.) The instant second appeal has been preferred under Sec. 100 CPC assailing a judgment of reversal dtd. 16/2/2023 passed in Regular Civil Appeal No.144/2019, whereby the lower Appellate Court has allowed the plaintiff's appeal and set aside the judgment and decree dtd. 25/3/2019 passed by the trial Court in Regular Suit No.2992/2015, as a consequence, the suit for specific performance of contract which was dismissed by the trial Court, has been allowed by the lower Appellate Court.

(3.) Shri Shukla, learned counsel for the appellants has submitted the lower Appellate Court has committed an error in failing to consider the agreement in light of Sec. 20 of the Specific Relief Act, 1963. The emphasis is that a decree of specific performance of contract is discretionary in nature and even if at all all necessary ingredients are made out for grant of a decree, yet the Court has discretion in not granting a decree of specific performance rather the money may be returned to the respondent along with interest as was done by the trial Court. It is also urged that the appellants will be rendered landless and they would suffer great hardship. It is looking into this aspect that the second appeal needs consideration.