The relinquishment of right to seek specific performance of contract is to be decided keeping in view the conduct of the parties and evidence led in this respect.

 2023 CLC 1100

The relinquishment of right to seek specific performance of contract is to be decided keeping in view the conduct of the parties and evidence led in this respect.

It is well settled that the grant of relief of specific performance of contract is discretionary in nature which cannot be exercised arbitrarily. The Courts are not bound to grant relief of specific performance of contract merely because it is lawful to do so. It is essentially an equitable relief and can be declined if the Court reaches the conclusion that it is unjust and inequitable to do so. This principle has been provided in section 22 of the Specific Relief Act, 1877.