evidence for the purpose
of specific performance of contract.
(iii) Yes. Decree can be granted for specific performance on
the basis of unregistered agreement ... read thus :
"20. Discretion as to decreeing specific performance.-
(1) The jurisdiction to decree specific performance is
discretionary, and the court is not bound
decree of specific performance. The intending purchaser
must necessarily prove his financial capacity which is a pre-requisite for
seeking specific performance as per Section ... settled law that remedy for specific performance is an
equitable remedy and is in the discretion of the court, which
discretion requires to be exercised
which
principles have been laid down for grant of relief of specific performance
and in this citation, decision of Constitution Bench ... which are
reproduced as under:
1. Courts, while exercising discretion in suits for specific
performance, should bear in mind that when the parties prescribe
held that “The equitable
discretion to grant or not to grant a relief for specific performance
also depends upon the conduct of the parties ... evidence and misleads the court
then such discretion should not be exercised by refusing to grant
specific performance.” The learned counsel therefore submits that
this
Section 16(c) of the Specific Relief Act, 1963 requires
that the party seeking the relief of specific performance is not only to
plead ... weighing the question of
exercise of discretion for decreeing or denying a decree for
specific performance. I have gone through the material on
record along
Sh. Asha Khanna vs Mrs. Subhagya Wati on 24 September, 2019
Asha Khanna V. Subhagya
this scenario, given the fact that the relief of specific performance is a
discretionary relief, this Court is required to presume a sequence of facts ... case is fit enough for exercising its discretion in favour of grant
of a decree for specific performanace. Every presumption is only suggestive of
existence
Specific Relief Act. It is now a well settled
principle of law that the Court is not bound to grant Specific
Performance merely because ... relief of Specific Performance is given exercising the equity
jurisdiction, the conduct of the plaintiff should be fair. The
discretion that is exercised
letters from plaintiff.
Section 16(c) of The Specific Relief Act, 1963 postulates that
specific performance of a contract cannot be enforced in favour ... construction.
Section 20(1) of The Specific Relief Act, 1963 lays down that the
jurisdiction to decree specific performance is discretionary and the Court
discretion
grant an injunction to prevent the breach complained
of, and also to compel performance of the requisite
act.
17. Section 38 of Specific Relief ... discretion
under the Section which the court has to exercise is a judicial discretion and
has to be exercised on well settled principles. The court
