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
relating to specific performance to arbitration. There is no prohibition in the Specific Relief Act, 1963 that issues relating to specific performance of contract relating ... merely because the sections of the Specific Relief Act confer discretion on Courts to grant specific performance of a contract does not mean that parties
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
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
Sh. Basant Raj Bhandari vs Swapan Biswas on 28 July, 2021
IN THE COURT OF
decreed the suit for specific performance;
(ii) that the trial court ought to have dismissed the suit for specific performance, since there was no pleading ... follows:
" Section 20 of the Specific Relief Act, preserves judicial discretion to courts as to decreeing specific performance. The court should meticulously consider
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
specific performance itself has not been satisfied and hence, this Court holds
that the plaintiff is not entitled to the relief of specific performance. Point ... However, in a suit for specific performance, the Court is vested with a
discretion to do justice. In the opinion of this Court, the trial
part of the
contract is that, any person seeking benefit of specific performance of a
contract, must manifest that his conduct has been blemishless throughout ... times.
Furthermore, the grant of the relief for specific performance is a
discretionery one and the discretion is to be used judiciously and should
contract as is mandatorily
required under Section 16(c) of the Specific
Relief Act must be determined having regard to
the entire attending circumstances ... 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
