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
well settled that while handling a suit
for specific performance, the Court is bound to position
itself into the armchair of the parties and restitute ... gives an unfair advantage to one of the parties. The
discretion to grant specific performance cannot be
arbitrary and need not be granted
plaintiff and its effect on the discretion of the Court in granting
the discretionary relief of specific performance. Para 37 and 43 of the
said ... that "The courts, while exercising
discretion in suits for specific performance, should bear in mind that
when the parties prescribe a time/period
specific performance but if the stipulation and terms are uncertain,
and the parties are not ad idem, there can be no specific performance,
for there ... them.
Specific performance will not be ordered if the contract
itself suffers from some defect which makes the contract
invalid or unenforceable. The discretion
suit for specific performance, it is not
mandatory for the court to grant the relief of specific performance even when ... lawful to do so. The grant of specific performance is a discretionary relief and
discretion of granting the same has to be exercised with great
specific performance but if the stipulation and terms are uncertain,
and the parties are not ad idem, there can be no specific performance,
for there ... them.
Specific performance will not be ordered if the contract
itself suffers from some defect which makes the contract
invalid or unenforceable. The discretion
specific performance but if the stipulation and terms are uncertain,
and the parties are not ad idem, there can be no specific performance,
for there ... them.
Specific performance will not be ordered if the contract
itself suffers from some defect which makes the contract
invalid or unenforceable. The discretion
specific performance but if the stipulation and terms are uncertain,
and the parties are not ad idem, there can be no specific performance,
for there ... them.
Specific performance will not be ordered if the contract
itself suffers from some defect which makes the contract
invalid or unenforceable. The discretion
questions raised at the preliminary state of a suit for specific
performance and relief of injunction which was filed after 29
years of execution ... specific
performance they would still be entitled to a decree for
injunction, a relief the grant of which is, of course, in
the discretion
case of borrowal, the
plaintiff is entitled to a decree of specific performance as
held in 2003 Mad 305?"
7.The learned counsel appearing ... automatically entitled to a decree of specific performance.
8.The learned counsel appearing for the plaintiff/appellant
would also contend that the First Appellate Court
