JUDGMENT

Whether the court can dictate the terms and conditions of contract in a suit for specific performance by directing payment of enhanced sale consideration and what is the jurisdiction vested with the court under Section 20 of the Specific Relief Act, 1963 (hereinafter referred to as the 'Act')are the questions came up for consideration, besides the appreciation of evidence in the disputed issues involved in the suit.

2. A decree for specific performance of contract was granted by the trial court by re- fixing the sale consideration at Rs.11,000/- per cent as against Rs.8,750/- agreed into by the parties in the contract for sale, by relying on the decision rendered by the Apex Court inPratap Lakshman Muchandi and Ors. v. Shamlal Uddavadas Wadhwa and Ors.( AIR 2008 SC 1378 ), that too, without any consensus either from the appellant or the respondent.

3. The court below did not understand the legal position laid down by the Apex Court in Pratap Lakshman Muchandi's case (supra) in its correct perspective. There cannot be any change in the terms and conditions arising out of a contract for sale or obligation annexed to it at the instance of the court. The court cannot dictate or