MUNNA SINGH Vs. MEERABAI

JUDGEMENT

(1.) IN the trial Court the plaintiff -appellant got full relief. His suit for specific performance of contract in regard to purchase of the suit house was decreed. Lower Appellate Court has, however, modified that decree and granted plaintiff (herein appellant) refund of the earnest money with interest. Against that order this appeal is preferred.

(2.) IN my view, in the second appeal I am not required to re -appreciate evidence to reach fresh decision if the discretion in regard to the order impugned herein was rightly exercised by the Court below. Decree for specific performance is always made when a case in that regard is made out to the satisfaction of the trial Court or appellate Court on facts. There is question not only of the willingness or readiness of the plaintiff to perform is part of the contract but the question also is of discretion to grant the remedy as the remedy of specific performance cannot be claimed in view of section 20 of the Specific Reliefs Act as a matter of course.