JUDGMENT

(Prayer: Second Appeal filed under Section 100 of CPC against the Judgment and Decree dated 18.2.2021 passed in A.S.No.50 of 2017 on the file of the II Additional District Judge, Vellore @ Ranipet reversing the Judgment and decree dated 20.7.2016 passed in O.S.No.82 of 2014 on the file of the Subordinate Judge, Arakkonam.)

1. Second defendant in the suit, who suffered a decree of specific performance passed by the first appellate court while reversing the finding of the Trial Court, is the appellant in the present Second Appeal.

2. The Second Appeal came to be admitted on 5.8.2021 on the following substantial questions of law:-

(i) Whether the Lower Appellate Court was right in granting an equitable remedy for Specific Performance, when it is well settled law that the relief of Specific performance of Contract is equitable remedy and discretionary remedy of Court passing it, the relief shall have not been granted to a person who came to Court with unclean hands?

(ii) Whether the Lower Appellate Court was right in granting a relief of Specific Performance of Contract, when it is well settled proposition of Law that the plaintiff who sought a relief of