What Are The Material Questions To Be Addressed By Parties In A Suit For Specific Performance?

-The Supreme Court's view in Kamal Kumar v. Premlata Joshi & Ors.¹

The Hon'ble Supreme Court of India ("Supreme Court"), vide its judgment in the matter of Kamal Kumar v. Premlata Joshi & Ors. bearing Civil Appeal No. 4453 of 2009 ("the said judgment") has reiterated that the relief of specific performance is a discretionary and equitable relief and that the same may be declined if the Plaintiff fails to plead in accordance with the statutory requirements laid down under the Specific Relief Act, 1963 ("Principal Act"). The Division Bench comprising of Justice Abhay Mohan Sapre and Justice Indu Malhotra has listed down a set of material questions which are sine qua non for grant of relief of specific performance and which must be addressed by the parties in their pleadings with the aid of evidence in accordance with law.