advantage over the defendant, the Court can exercise its discretion not to grant specific performance, even if it is lawful. This is clear from ... specific performance. The plaintiff has proved the execution of Ex.P-1 sale agreement. The discretionary relief of specific performance has to be exercised sparingly
Specific Relief Act, it is to be seen that the court can refuse to exercise the discretion of granting specific performance of a contract, where ... have held on facts that it is inequitable to grant specific performance, such discretion properly exercised by court below cannot be interfered in second appeal
specific performance would require the court
to satisfy itself that the circumstances are
such that it is equitable to grant decree for
specific performance ... foresee. In other words, the court s
discretion to grant specific performance is
not exercised if the contract is not equal and
fair, although
ingredients of Section, he cannot claim specific performance as of right. It is only a discretion and that discretion will have to be exercised ... Vidyanadam (supra):
(i)Courts, while exercising discretion in suits for specific performance, should bear in mind that when the parties prescribe a time/period
held as follows:
..... (i) The Courts, while exercising discretion in suits for specific performance, should bear in mind that when the parties prescribe a time ... Vidyanandam.
(i) The Courts, while exercising discretion in suits for specific performance, should bear in mind that when the parties prescribe a time/period
held as follows:
..... (i) The Courts, while exercising discretion in suits for specific performance, should bear in mind that when the parties prescribe a time ... Vidyanandam.
(i) The Courts, while exercising discretion in suits for specific performance, should bear in mind that when the parties prescribe a time/period
specific
performance is always regulated by Section 20 of the
Specific Relief Act. The jurisdiction of the Court to grant a
decree for specific performance ... plaintiff has done substantial acts
in consequence of the specific performance. This
discretion may be exercised for justifiable cause. But
however, the Court will
ingredients of the section, he cannot claim specific performance as of right. It is only a discretion and that discretion will have to be exercised ... recover the property. Admittedly, he is the owner. The suit for specific performance also stands dismissed. The trial Court entered a finding that the appellant
Padmini Raghavan vs H A Sonnappa on 11 October, 2013
Author: N. Kumar
Bench: N
good ground for denying the relief of
specific performance. While exercising discretion, the
court should have considered this aspect of the matter.
Non-appreciation ... evidence in this perspective has
resulted in suit for specific performance being wrongly
decreed in favour of the plaintiff.
9.3. The first defendant paid
