Suit for specific performance – Escalation of prices cannot be the sole ground to deny specific performance. 2002 SCeJ 002 referred.

(2021-2)202 PLR 214 (SC) = 2021 SCeJ 426

Suit for Specific performance - Escalation of prices cannot be the sole ground to deny specific performance - It would not be unreasonable and inequitable to make the appellant the sole beneficiary of the escalation of real estate price and the enhanced value of the felt in question - There is no reason why the appellant, who is not a defaulting party, should not be allowed to reap to herself the fruits of increase in value.

2002 SCeJ 002

Held,

It is true that grant of decree of specific performance lies in the discretion of the court and it is also well settled that it is not always necessary to grant specific performance simply for the reason that it is legal to do so. It is further well settled that the court in its discretion can impose any reasonable condition including payment of an additional amount by one party to the other while granting or refusing decree or specific performance. Whether the purchaser shall be directed to pay an additional amount to the seller or converse would depend upon the facts and circumstances of a case. Ordinarily, the plaintiff is not to be denied the relief of specific performance only on account of the phenomenal increase of price during the pendency of litigation. That may be, in a given case, one of the consideration besides many others to be taken into consideration for refusing the decree of specific performance. As a general rule, it cannot be held that ordinarily the plaintiff cannot be allowed to have, for her along, the entire benefit of phenomenal increase of the value of the property during the pendency of the litigation. While balancing the equities, one of the consideration to be kept in view is as to who is the defaulting party. It is also to be borne in mind whether a party is trying to take undue advantage over the other as also the hardship that may be caused to the defendant by directing the specific performance. There may be other circumstances on which parties may not have any control. The totality of the circumstances is required to be seen.

referred in (2021-2)202 PLR 214 (SC) = 2021 SCeJ 426