Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Sunday, 20 September 2026 9888666310 | [email protected]
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Supreme Court of India 2017-02-21 allowed

Jayakantham & Others vs Abaykumar

Bench: 2 — D.Y. Chandrachud

In Brief

The Supreme Court set aside a decree for specific performance of a property sale agreement, substituting it with monetary compensation. The appellants had agreed to sell property (worth ~Rs. 6.30 lakhs) for only Rs. 1.60 lakhs to the respondent's money-lending father. The Court held that while specific performance is normally warranted, courts may exercise discretion under Section 20 of the Specific Relief Act when contract terms or circumstances give one party unfair advantage. Here, the respondent's father obtained an extraordinarily advantageous bargain. The Court awarded Rs. 15 lakhs compensation instead, finding this equitable remedy more just than enforcing the drastically underpriced sale agreement.

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Specific Relief Contract Law Discretion of Court Equitable Relief Property Law Unfair Advantage

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