Relief Of Specific Performance Can Be Refused For Non Performance Of An Essential Promise In Contract: SC [Read Judgment]

The Supreme Court has observed that a vendee who does not perform one of the essential promises in a contract is not entitled to the discretionary relief of specific performance of that very contract.In the resisting the suit for specific performance, the defendant had raised the plea that since the plaintiff had admittedly failed to pay the rent of the land in terms of Clause 3 of. The Supreme Court has observed that a vendee who does not perform one of the essential promises in a contract is not entitled to the discretionary relief of specific performance of that very contract. In the resisting the suit for specific performance, the defendant had raised the plea that since the plaintiff had admittedly failed to pay the rent of the land in terms of Clause 3 of the agreement, he was not entitled to a decree for specific performance The bench comprising Justice Deepak Gupta and Justice Aniruddha Bose observed that the payment of rent was an essential term of the contract had failed to perform his part of the contract. Court Not Bound To Grant Relief Even When Plaintiff Is Legally Right Referring to Section 20 of the Specific Relief Act, the bench said that the relief of specific performance is discretionary.