been received
prior to filing of the suit for specific performance and five demand drafts
dated 7th February 2008 totaling ... settled law that under the Act, 1963, prior to the 2018
Amendment, specific performance was a discretionary and equitable relief.
SLP (C) No.28460
from "specific performance of any contract may, in the
discretion of the court, be enforced" to "specific performance of a
contract shall ... Claimant asserts that after the 2018 Amendment,
there has been a shift in legislative intent from specific
performance being discretionary to it being mandatory.
Reliance
documents establish that the
Plaintiff had received the entire sale consideration.
Specific Performance: 'Readiness and Willingness'
Signature Not Verified
Signed By:SAVITA
PASRICHA ... settled law that under the Act, 1963, prior to the 2018
Amendment, specific performance was a discretionary and equitable
relief. In Kamal Kumar v. Premlata
that after 2018
amendment, the discretionary power of the Court had been taken away. Prior
to the amendment, in Specific Performance suit, the discretion ... away in cases of specific
performance, whereby the trial Judge had the discretion either to grant relief of
specific performance or in the alternative, refund
contract as is mandatorily
required under Section 16(c) of the Specific Relief Act must
be determined having regard to the entire attending
circumstances ... settled law that under the Act, 1963, prior to the
2018 Amendment, specific performance was a discretionary
and equitable relief. In Kamal Kumar v. Premlata
Point No.2:
52. In order to obtain a decree for specific performance, the plaintiff
must aver and prove that he performed his part ... settled law that under the Act, 1963, prior to
the 2018 Amendment, specific performance was a
discretionary and equitable relief. In Kamal Kumar vs.
Premlata
plaintiffs can file
suit for specific performance and or can sought for such
performance by way of filing amendment in the suit.
3.4 Learned advocate ... filed
suit for specific performance. Undisputedly, while filing suit
in question on 03.04.2006, the plaintiffs had not sought for
either specific performance
discretion of the Court, and that while considering a suit for specific
performance of a contract, the Court can exercise its discretion as to whether ... were passed prior to the 2018 amendment of Specific Relief Act,
1963 which mandated that "the specific performance of a contract shall be
enforced
Court of District Judge, Guntur, wherein,
the suit for specific performance of Agreement of Sale dated 16.12.2006 was
dismissed against the 1st respondent/defendant, arraying ... settled law that under the Act, 1963, prior to
the 2018 Amendment, specific performance was a
discretionary and equitable relief. In Kamal Kumar vs.
Premlata
Point No.2:
52.
In order to obtain a decree for specific performance, the plaintiff
must aver and prove that he performed his part ... settled law that under the Act, 1963, prior to
the 2018 Amendment, specific performance was a
discretionary and equitable relief. In Kamal Kumar vs.
Premlata
