In Brief
In this case, the Supreme Court upheld a High Court decision affirming the trial court's award of partial specific performance of a property sale agreement. The Court held that while specific performance is a discretionary equitable remedy under the Specific Relief Act 1963, the discretion must be exercised rationally and consistently with established judicial principles. A court may order partial specific performance where one party cannot perform the entire contract, provided the unperformed portion's value is small relative to the total and is capable of compensation. The vendee had tendered full payment within the agreed timeframe, and the suit was filed within the three-year limitation period. Finding no error, the Supreme Court dismissed all appeals.
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