favour of the plaintiff qua a decree for specific performance; this being a suit for specific performance, this court sits in equitable discretionary jurisdiction ... grant of relief of specific performance will not be entitled to the equitable relief at all. The remedy of specific performance is an equitable remedy
Ahalya Naik ) and submits that in the suit for specific performance, the discretion of the Court in respect of grant of decree for specific performance ... discretion of the Court to grant relief of specific performance and at the time of exercising discretion, it is not to be exercised in arbitrary
against dispossession is
available even after dismissal of a suit for specific
performance as held in Balasaheb Manikrao Deshmukh Vs.
Rama Lingoji Warthi ... Sell has denied the
appellant / defendant the relief of specific performance in
exercise of discretion implicit in the grant of relief of specific
performance
Kerala 339 (DB)
to contend that the discretion implicit in the grant of relief of specific
performance is not to be exercised when the property
refused specific performance only on the ground that
Ex.P3 is not a registered document, therefore, it cannot be used for
specific performance. This ... duly proved, decree for specific performance could not have been
refused on only ground that agreement to sell was unregistered.
Discretion by the Court cannot
This unsubstantiated averment is not sufficient for
seeking the relief of specific performance. As has already been observed,
there is no particular date or even ... provides that the jurisdiction to decree specific performance is
CS no. 321/11 Bijender Singh Vs. Prem Singh Page no. 12 of 14
Dated
filed second suit i.e.
present suit, wherein no relief for specific performance of sale
agreement dated 17.10.2008 has been claimed. In light of
this ... exceptional circumstances
and the Appellate Court cannot interfere with the exercise of
discretion of the Court of first instance and substitute its own
discretion except
mandate of Section
16 of the Specific Relief Act, no decree for
specific performance could be passed in this
favour. The trial court, therefore, rightly ... ground for refusing to give a
relief of specific performance, in India mere
delay without such conduct on the part of the
plaintiff as would
G.P. Sharma vs Hari Shankar Sharma on 7 March, 2014
Author: Valmiki J. Mehta
Pramukhkrupa Enterprise Through ... vs Kunverben Chaturdas Patel Thro'Poa ... on 15 April, 2014
Author
