Judgment :-

Kurian Joseph, J.

Leave granted.

2. Specific performance is an equitable relief granted by the courts in specific situations. Plainly speaking, equity means fairness. According to Sir Edward Fry, the Court by a decree of specific performance compels the defaulting party to do that which in conscience he is bound to do, viz., actually and specifically to perform his contract [FRY A Treatise on the Specific Performance of Contracts by The Rt. Hon. Sir Edward Fry, Sixth Edition, see Paragraph 62, at page 29.]. Conscience means a person’s moral sense of right or wrong [Concise Oxford English Dictionary, 10th Edition.]. Thus, what is morally wrong cannot be equitably right and necessarily what is morally right will be just and proper. This prelude is the keyhole for us to see through the factual and legal position of a three decade long litigation on a specific performance.

FACTS

3. One Nand Lal (deceased) was the perpetual lessee of the Land and Development Officer (hereinafter referred to as ‘L&DO’) of property bearing Bungalow No. 9, Sunder Nagar, New Delhi measuring 0.179 acres equal to 865 sq. yards equal to 721 sq. metres. His legal heirs are - (1) Banarsi Das; (2) Dhanpat