(1) LEAVE granted.

(2) A suit was filed by the respondent for specific performance in respect of the property measuring about 21 cents which was agreed to be sold for Rs.3,150/- at the rate of 150 per cent under an agreement dated 9.8.1982.

(3) THE trial court on the basis of the proceedings placed before it raised the following issues:

1) Is the suit not maintainable? 2) Is the Karar set up in the plaint true? 3) Whether the defendant has received any amount as advance from the plaintiff? 4) Whether the plaintiff has got a cause of action against the defendant? 5) Whether the plaintiff is entitled to reliefs claimed in the plaint? 6) Reliefs and costs?

(4) THE trial court answered the issues framed in favour of the plaintiff and decreed the suit. On first appeal filed, the first appellate court examined the matter and affirmed the decree passed by the trial court. On a second appeal, the High Court, while affirming the findings recorded by the courts below, found that it was a fit case in which discretion as provided under section 20 of the Specific Relief Act (hereinafter referred to as the Act) ought to have been exercised and a decree only i