https://www.taxtmi.com/caselaws?id=283926 Section 20 of the Specific Relief Act, 1963 makes specific performance discretionary, but the discretion must be exercised on sound judicial principles and not arbitrarily. Delay or a rise in market value does not by itself justify refusal of enforcement, especially where the purchaser was continuously ready and willing to perform and the delay was not attributable to her. A party in default cannot rely on its own conduct to defeat the contract. On the facts, the record did not support imposing an additional Rs. 40 lakhs as a condition precedent, as that would have frustrated the bargain. The purchaser was therefore entitled to specific performance at the contractual price. en-us Fri, 10 May 2002 00:00:00 +0530 Wed, 29 Jun 2022 11:57:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=283926 Section 20 of the Specific Relief Act, 1963 makes specific performance discretionary, but the discretion must be exercised on sound judicial principles and not arbitrarily. Delay or a rise in market value does not by itself justify refusal of enforcement, especially where the purchaser was continuously ready and willing to perform and the delay was not attributable to her. A party in default cannot rely on its own conduct to defeat the contract. On the facts, the record did not support imposing an additional Rs. 40 lakhs as a condition precedent, as that would have frustrated the bargain. The purchaser was therefore entitled to specific performance at the contractual price. Case-Laws Indian Laws Fri, 10 May 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=283926