reads as follows:
“20. Discretion as to decreeing specific performance.—
(1) The jurisdiction to decree specific performance is
discretionary, and the court is not bound ... court in the exercise of its
discretion. The court may properly exercise discretion to
decree specific performance, in any case where the plaintiff
has done
advantage over the defendant, the Court can exercise its discretion not to grant specific performance, even if it is lawful. This is clear from ... specific performance. The plaintiff has proved the execution of Ex.P-1 sale agreement. The discretionary relief of specific performance has to be exercised sparingly
hereunder:-
" Section 20 . Discretion as to decreeing specific performance.-
(1) The jurisdiction to decree specific performance is discretionary,
and the court is not bound ... consequence of a contract capable of specific
performance.
(4) The court shall not refuse to any party specific performance of a
contract merely
filing a suit for specific performance. Here, the
conduct of the plaintiffs in filing the suit for specific performance on the
verge of limitation ... specific
performance would require the court to satisfy itself that the circumstances are
such that it is equitable to grant decree for specific performance
Specific Relief Act, it is to be seen that the court can refuse to exercise the discretion of granting specific performance of a contract, where ... have held on facts that it is inequitable to grant specific performance, such discretion properly exercised by court below cannot be interfered in second appeal
agreement had disappeared, their right to
seek specific performance revived and accordingly they have asked
for specific performance causing amendment to the plaint, which ... true
construction.
20. Discretion as to decreeing specific performance.--
(1) The jurisdiction to decree specific performance is discretionary, and
the Court is not bound
specific performance would require the court
to satisfy itself that the circumstances are
such that it is equitable to grant decree for
specific performance ... foresee. In other words, the court s
discretion to grant specific performance is
not exercised if the contract is not equal and
fair, although
specific performance
would require the court to satisfy itself that the circumstances
are such that it is equitable to grant decree for specific
performance ... decreeing specific performance, grant of decree for specific
performance of contract is not automatic and is one of the
discretions of the Court
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
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
