Week 15 | Case Study: Ardeshir Mama Versus. Flora Sasson

The Court could consider that the proper remedy of the plaintiff was a decree for specific performance and if he refused to take such a decree he was liable to have his suit dismissed, but the Court would not adopt that course with the plaintiff before them as the defendant's failure to perform before suit and his desire to perform during suit were due entirely to fluctuations in the property market.The lower Court had in those circumstances exercised its discretion in not granting the plaintiff a decree for specific performance and the Appeal Court would not interfere