Supreme Court of India · 2002-03-23
Veluyudhan Sathyadas vs Govindan Dakshyani
- Citation / case number
- AIRONLINE 2002 SC 191
- Court
- Supreme Court of India
- Petitioner
- Veluyudhan Sathyadas
- Respondent
- Govindan Dakshyani
- Bench
- S. Rajendra Babu, Ruma Pal
Judgment text excerpt
The Supreme Court held that under Section 20 of the Specific Relief Act, mere establishment of an agreement for sale is insufficient for granting specific performance; the court must consider the circumstances and exercise discretion accordingly. The Court found that the High Court's vague references did not justify the decree for specific performance and thus set aside the lower court's decree, remitting the matter for fresh consideration on specific performance while upholding findings on other issues. The plaintiff was granted a decree for recovery of the advance paid and compensation of Rs. 1000 as per Section 21(2) of the Specific Relief Act.