LAW OF SPECIFIC RELIEF 277
(Earlier portion not found—ed.)
Nature that the law permits its Specific Performance
(ii) Where the Plaintiff is a person in whose favour Specific Performance can be granted.
(iii) Where the Defendant is a person against whom Specific Performance might be granted.
The question is : Is the Court bound to grant Specific Relief in such cases ?
The answer to this question is contained in Sec. 22.
(A) Section 22 lays down general rules—(1) It says that Specific Relief is discretionary. The Court may grant it or may refuse it. The Court is not bound to grant it merely because it is lawful.
(2) The discretion of the Court is not arbitrary, sound and reasonable, guided by judicial principles.
(B) Section 22 also specifies cases in which Court may exercise discretion not to grant Specific Performance and cases in which Court may excercise discretion to grant Specific Performance.
Cases in which Court may exercise discretion not to grant Specific Performance
(i) Where Specific Performance would give unfair advantage over the Defendant.
(ii) Where Specific Performance would involve some hardship on the Defendant which he did not foresee and nonperformance would not involve such hardship on the Plaintiff.
Cases in which Court may exercise discretion to grant Specific Performance
Where the Plaintiff has done substantial acts or suffered losses in consequence of a contract capable of Specific Performance.