Section 20 in The Specific Relief Act, 1963
20. Discretion as to decreeing specific performance.—
(1) The jurisdiction to decree specific performance is discretionary ... cases in which the court may properly exercise discretion not to decree specific performance:— (a) where the terms of the contract or the conduct
appellant was entitled to a decree for specific
performance, was of the view that granting of specific performance being a
discretionary remedy in equity ... Specific Relief Act and observed as follows:
"29. Section 20 of the Specific Relief Act, 1963
provides that the jurisdiction to decree specific
performance
Bangalore City,
Bangalore and has modified the decree by allowing the appeal, granting
the decree for specific performance of the Agreement of Sale in favour ... Court while reversing the judgment and decree of the trial court
and granted the decree for specific performance in favour of the
plaintiff in exercise
passed for specific performance of the contract
without fixing the time for its performance. [7O3H; 704A-C]
Observations in Fry on Specific Performance ... Mundhra and
that the decree in favour of the appellant was a decree for
money.
A decree for specific performance is a decree in favour
necessary for the court to pass a
decree for possession. A decree for specific performance of
a contract includes everything incidental to be done ... enactment and under the law relating to
specific relief a Court which passes a decree for
specific performance retains control over the decree
even after
Section
2(2) --Decree--Preliminary decree--Decree passed in a suit
for specific performance of contract of sale of immovable
property calling upon the purchaser ... preliminary decree.
Limitation Act (36 of 1963), Section 5- -Condonation of
delay--Amendment of decree--Decree in a suit for specific
performance of contract
joint decree in favour of both sets of
defendants for the receipt of Rs. 77,000. If the decree for
specific performance was set aside ... joint
decree in favour of both sets of defendants for the receipt
of Rs. 77,000/-. If the decree for specific performance is
set aside
specific performance of the agreement. The suit that has been decreed
is the suit for specific performance of the agreement. Once the decree
for specific ... decree. No
doubt, the court cannot go behind the decree or beyond the decree. But
while executing a decree for specific performance, the Court
part. The
judgment and decree of the learned single Judge is
modified and instead of decree for specific performance
of the agreement, we direct that ... case, no decree for specific performance could be made in
favour of the appellant.
21. That conditional decrees for specific performance have been passed
suit for specific performance of a contract of sale. The execution of a conveyance is only a part of the specific performance. If the vendor ... court to pass a decree for possession and that a decree for specific performance of a contract includes everything incidental to be done
