N. L. Devender Singh & Ors vs Syed Khaja on 3 August, 1973
4. The trial court, upon appreciation of oral and
documentary evidence, came to the conclusion that the
plaintiff was able to prove the execution of the agreement as
also his readiness and willingness to perform his part of the
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contract. With regard to the additional issue raised on the
specific plea of the defendants that they were only liable to
pay double the amount of the advance money received by
them, the trial court came to conclusion that the penalty
clause found in Ex.P.1, the agreement of sale to receive
double the earnest money towards damages would not come
in the way of granting decree for specific performance in view
of the language of Section 20 of the Specific Relief Act which
conferred discretionary power on the Court. The learned
Judge referred to the judgments of the Supreme Court in the
case of Atramram Mittal vs. Eshwar Singh Punia (AIR
1988 SC 2031) and also M.L.Devendra Singh Vs. Syed
Khaja (AIR 1973 SC 2457) to come to conclusion that relief
of specific performance could be granted. The trial court, for
exercising discretion noticed that the possession of the suit
property was handed over to the plaintiff pursuant to the
execution of the agreement, that the plaintiff, having taken
over possession, invested huge amount for developing it; that
the plaintiff approached the defendants with a request to
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execute the sale deed and that the defendants failed to
execute the sale deed even though requested by the plaintiff.