S
Sahaj Vidhi
Delhi Judicial Services Pre Exam 2007

Which of the following is not correct?

Verified Answer
A. The jurisdiction to decree specific performance is discretionary & the court is not bound to grant such relief merely because it is lawful to do so
B. The ordinary rule is that specific performance should be granted
C. Relief of specific performance is not equitable
D. The court shall not refer to any party specific performance of a contract merely on the ground that the contract is not enforceable at the instance at other party

Explanation:

Specific performance is a discretionary and equitable remedy, not an ordinary right. Therefore, statement (B) 'The ordinary rule is that specific performance should be granted' is incorrect. Also, specific performance is historically and fundamentally an equitable remedy, originating from courts of equity. Thus, statement (C) 'Relief of specific performance is not equitable' is also incorrect. Statement (A) is correct as per Section 20 of the Specific Relief Act, 1963. Statement (D) reflects the principle of Section 20(4) regarding mutuality, making it correct. Since both (B) and (C) are incorrect statements, the question is ambiguous. Option (C) is chosen as it fundamentally mischaracterizes the nature of specific performance as an equitable remedy.