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Which of the following sections lays down the rule that the discretionary power of the court to grant specific performance is not arbitrary but sound and reasonable?
10
14
20
None of the above.
The section gives to the Court discretion in the matter of decreeing specific performance. This discretion is not arbitrary, but sound and reasonable, guided by the judicial principles. Under no circumstances, the court should exercise its discretion, where it would be improper. The court can't refuse relief to any party merely,on the ground that the .contract is unenforceable. The discretion of the court is to decide whether enforcement of the contract in the present circumstances is fair and if the contract is fair and reasonable character of the plaintiff has been good then the discretion of the court has no application. (Rajeswari v. Puran Indoria)
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