Discretion as to Decreeing Specific Performance – Section 20 | Specific Relief Act
Section 20 of the Specific Relief Act, 1963 Provides that: 1. Agreement for sale: An agreement for sale of property was executed by defendant No. 1, who was the sole executor appointed by his mother in Will. Agreement was executed in favour of plaintiff, an Advocate and tenant in property in question. Correspondence between plaintiff and defendant No. 1 show that plaintiff created a scare in mind of defendant No. 1 and got agreement for sale executed. Apart from it, there was a clause in that agreement making it clears that it was “subject to ratification by co-heirs”. It shows that it was not a concluded contract, as such could not be enforced in Court of law. Although executor has an absolute right to transfer property. But facts of this…