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Issues Involved:
1. Specific Performance vs. Compensation 2. Execution of Foreign Decree under Section 44-A of the CPC Issue-wise Detailed Analysis: 1. Specific Performance vs. Compensation The appellant agreed to sell a property in Lajpat Nagar, New Delhi, to the respondent for Rs. 16,000, with Rs. 1,000 paid as earnest money. The respondent filed a suit for specific performance when the appellant failed to execute the sale deed. The Trial Court decreed in favor of the respondent, and the High Court upheld this decision, directing the respondent to deposit an additional Rs. 1,00,000 to mitigate the appellant's hardship due to property price escalation. The appellant contended that compensation should be awarded instead of specific performance, citing precedents like Damacherla Anjaneyulu vs. Damacherla Venkata Seshaiah and Parakunnan Veetill Joseph's Son Mathew vs. Nedumbara Kuruvila's Son. However, the Supreme Court noted that specific performance is not automatic and depends on the court's discretion, guided by principles of justice, equity, and good conscience. The High Court found that the appellant tried to wriggle out of the contract due to the escalation in property prices, and thus, the respondent was entitled to the decree. The Supreme Court modified the High Court's judgment, directing the respondent to deposit an additional Rs. 3,00,000 within four months, which would be paid to the appellant upon giving possession of the property. The appeal was dismissed with no order as to costs. 2. Execution of Foreign Decree under Section 44-A of the CPC The decree-holder sought to execute a foreign decree from the English Admiralty Court against the respondent, who had suffered a decree in personam. The decree was certified and filed in the execution proceedings, and the UK is a reciprocating territory under Indian law. The appellant argued that the Andhra Pradesh High Court lacked jurisdiction as neither party was an Indian national, nor did any part of the cause of action arise in India. The Supreme Court dismissed this argument, stating that Section 44-A allows execution of foreign decrees in India, even if the original suit could not have been filed in an Indian court. The Court clarified that Section 44-A does not require the executing court to have jurisdiction over the original suit. The Andhra Pradesh High Court, as an Admiralty Court, had jurisdiction to entertain the execution petition since the vessel in question was within its territorial waters. The Court also noted that the foreign decree could be challenged on grounds mentioned in Section 13 of the CPC, but the appellant's hypothetical scenarios were irrelevant. The appeal was dismissed, affirming the maintainability of the execution petition before the Andhra Pradesh High Court. Conclusion: The Supreme Court upheld the decree for specific performance with modifications to mitigate the appellant's hardship and affirmed the execution of the foreign decree under Section 44-A, rejecting the appellant's jurisdictional challenges. The appeals were dismissed with no order as to costs.
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