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M/S Shree Ganga Marbles vs Sardar Charan Singh And Ors on 20 November, 2015 cites

Zarina Siddiqui vs A.Ramalingam @ R.Amarnathan on 29 October, 2014

In the case of Zarina Siddiqui (supra) the Apex Court have held that it is well settled that remedy for specific performance is an equitable remedy and the Court while granting a decree of specific performance exercises its discretionary jurisdiction. Such exercise of discretion under Section 20 of the Specific Relief Act, however, cannot be arbitrary but must be exercised in accordance with sound and reasonable judicial principles. The equitable discretion is also depending upon the conduct of the parties. No doubt, the necessary ingredient has to be proved and established by the plaintiff in order that the discretion can be exercised judicially in his favour. At the same time it must also be ensured that if the defendant does not come with clean hands and suppresses material facts and evidence and misleads the Court, then such discretion should not be exercised by way of refusing to grant specific performance. In the instant case the conduct of the Respondent/Defendant No. 1 atleast go to show that he tried to mislead the Court by stating that he did not receive any advance from the appellant for the sale of the property in question.
Supreme Court of India Cites 19 - Cited by 155 - M Y Eqbal - Full Document
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