Specific Relief Act 1963, S. 20 – As held by this Court time and again, efflux of time and escalation of price of the property by itself cannot be a valid ground to deny the relief of specific performance – But the Court in its discretion may impose reasonable conditions including payment of additional amount to the vendor – It is equally well settled that the plaintiff is not to be denied specific performance only on account of phenomenal increase of price during the pendency of litigation. [Para 37]
Held, In the facts and circumstances of the case and considering the phenomenal increase in price during the period the matter remained pending in different courts, we are of the considered opinion that impugned order under appeal be set aside but with a condition imposed upon the appellant (plaintiff) to pay a sum of Rs.15,00,000/- (Rupees Fifteen Lacs) in addition to the amount already paid by the appellant to the respondent.
read HERE 2015 PLRonline 0005
read HERE Zarina Siddiqui v. A.Ramalingam @ R.Amarnathan,2015 PLRonline 0005 , AIR 2015 SC 580, (2015) 1 SCC 705
