Supreme Court of India · 1996-04-15
KANSHI RAM vs OM PRAKASH JAWAL
- Citation / case number
- SC 1995/10981
- Court
- Supreme Court of India
- Petitioner
- KANSHI RAM
- Respondent
- OM PRAKASH JAWAL
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the decree for specific performance of a contract is not automatic and must be exercised at the court's discretion based on principles of equity and fairness. The Court found that granting specific performance in this case would be unjust and inequitable, especially since the respondent had also claimed alternative relief for damages. Consequently, the Court allowed the appeal, set aside the decree for specific performance, and directed the appellant to pay Rs. 10 lakhs to the respondent instead.