RAM DHAN Vs. KALU RAM

JUDGEMENT

(1.) S. K. Phaudjar, J. A suit (O. S. No. 104 of 1981) was filed by the present respon dent before the Civil Judge, Muzaffarnagar for specific performance of contract by the present appellant. The suit was decreed on 31-5-1984, not for the specific performance but for realisation of Rs. 15,000 that was paid in part- performance of the contract.

(2.) AN appeal (CA 150 of 1994) was preferred by the aggrieved plaintiff and the claim for specific performance of the con tract was decreed by the judgment dated 7-8-1995.

(3.) IT appears that the jurisdiction to decree a specific performance is discretionary and the Court is not bound to grant such relief. A caution is, however, given in the section itself