amending the decree.
Specific Relief Act (47 of 1963), Section 16(b) and
(c)--Specific performance of contract--Decree for specific ... essence of the
contract nor was it made essence of the contract but on the
other refuses decree for specific performance
performance of the contract then the Court will have no jurisdiction to refuse the decree for specific performance of the contract, particularly ... contract securing performance of the contract from the seller by putting any condition that in case of non-performance of the contract within
cannot subscribe the said view, for, granting decree
for specific performance of contract itself being
discretionary. Apart from the sale, when a transaction ... Court, wherein it was held that a
decree for specific performance of contract cannot be
granted, if it violates section 6 of Tamil
construction.
20. Discretion as to decreeing specific performance
(1) The jurisdiction to decree specific performance is discretionary, and the court ... entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance.
Explanation 1 : Mere
specific performance of an agreement to grant a permanent lease made orally on 30th December 1908. A decree for specific performance ... such a decree for specific performance.
29. The old principle that the specific performance of a contract is discretionary relief
of a contract and that it is within the discretion of the Court to refuse a decree for specific performance ... part of the contract. He also submitted that the discretion of the Court to decree or refuse specific performance of a contract under
obtain specific performance.--Except as otherwise provided by this Chapter, the specific performance of a contract may be obtained ... specific performance and it reads as under:-
" Section 16 Personal bars to relief.--Specific performance of a contract cannot
essence of the contract nor was it made essence of the contract but on the other refuses decree for specific performance ... specific notice, but it is equally true that the plaintiff seeks relief for specific performance of contract and it is incumbent upon
under Section 20 of the Specific Relief Act but the specific performance relief should not be refused arbitrarily. The discretion should ... specific performance took note of the fact that there is no circumstance not to grant specific performance of contract which
resisted. After trial, the Courit below was pleased to refuse specific performance of contract, but to decree the ternative claim for refund ... Lakshmi Ammal , , escalation in prices is no ground to refuse specific performance of a contract. Not only this, during the course of arguments
