specific performance to the plaintiff. Therefore, the conduct of the defendants has to be taken into consideration for decreeing the suit for specific performance ... evidence and misled the Court then such discretion should not be exercised by refusing to grant specific performance.
34. In the instant case, as noticed
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
Section 20 of the Specific Relief Act, the plaintiff would be entitled for decree of specific performance while exercising discretion in his favour ... specific performance, Section 20 of the Specific Relief Act of 1963 imposes several conditions wherein one of the condition is that it is the discretion
always
subject to the decree that would be passed in a specific
performance suit. Though defendant No.2 has acquired title
over the suit schedule ... discretion of the Court. The Court, if all the
ingredients are available, is bound to exercise discretion and
direct specific performance unless it should
gets a decree of specific performance. At present he has an equitable right to get a decree of specific performance. Merely by filing a suit ... discretion is bound to be exercised according to sound judicial principles but nevertheless it is a discretion. Thus the relief of specific performance is carved
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
Sh. Basant Raj Bhandari vs Swapan Biswas on 28 July, 2021
IN THE COURT OF
Sh.Vasant Inder Nangia vs Smt. Duni Chand on 13 February, 2013
1
IN THE
Sh.Vasant Inder Nangia vs Smt. Duni Chand on 13 February, 2013
1
IN THE
