Section 20 of the Specific Relief Act, 1963 provides
that the jurisdiction to decree specific performance is
discretionary and the court is not bound ... Under Section 20 of the Specific Relief Act,
grant of specific performance of contract is
discretionary. Though the decree for specific
performance is discretionary
suit for
specific performance of a contract regarding the sale of immovable property
observed that the remedy for specific performance is an equitable remedy ... Section 20 of the Specific Relief Act specifically provides that
the Court's discretion to grant decree of specific performance
is discretionary
Discretion as to decreeing specific performance.—
(1) The jurisdiction to decree specific performance is
discretionary, and the court is not bound to grant such relief ... Specific Relief Act (Pre-amendment), which confers
discretion on the court to exercise jurisdiction to decree of specific
performance, states that this exercise should
specific performance. Even though strictly speaking, the
right to possession accrues only when a suit for specific
performance is decreed, indisputably such a decree ... decree is passed and
the terms of the decree are complied, the
issuance of delivery warrant in pursuance of
decree of specific performance of sale
plaintiff once a decree of
specific performance is passed in its favour even at the appellate stage.
35. Specific performance being an equitable relief, balance ... decree of the court below are set aside. The suit is partly
decreed and the plaintiff is granted a decree of specific performance
relating
execution of the decree, the trial
court retains its power and jurisdiction to deal with the decree
of specific performance. It would also be clear ... extend time for compliance of the conditional decree as
mentioned in the decree for specific performance..."
8. In Bhupinder Kumar v. Angrej Singh
this Court by way of the present suit seeking
a decree of specific performance of agreement to sell dated 04.12.2006 or
in the alternative ... Section 20 of the aforesaid Act, the jurisdiction to decree
specific performance being discretionary, the Court is not bound to grant
such relief merely because
under Section 63 of the Tenancy Act.
That the conditional decree for specific performance
can be granted.
22. That the judgment cited by other side ... case of specific
performance it is settled law, and indeed it cannot be
doubted, that the jurisdiction to order specific
performance of a contract
such a contract is void and declined to
pass the decree for specific performance in favour of plaintiffs,
however, by its own, observed that since ... committed illegality and perversity, in declining to grant the
decree for specific performance in favour of plaintiffs, under a
wrong impression that no written contract
Under Section 20 of the Specific Relief Act, grant of specific
performance of contract is discretionary. Though the decree for
specific performance is discretionary ... grant of a
decree of specific performance of agreement and Rs.50.00 lacs in lieu of
specific performance was granted.
Learned senior counsel
