these properties. Consequently,
they maintain that the concept of a specific performance
decree does not apply in this case. The defendants raise
questions about ... this Court that the decree for refund of
earnest money paid under the agreement is enlarged
into decree for specific performance
High court of Mumbai has held as under:
"Decree of Specific performance of agreement
of sale of immovable property - court would be
perfectly justified ... proved.
Plaintiff cannot expect the Court to pass a
decree for specific performance of a contract of
sale when the plaintiff has not proved
consequence of a contract capable of specific
performance.
(4) The court shall not refuse to any party specific
performance of a contract merely ... Section 20(1) of the Specific Relief Act, 1963
provides that the jurisdiction to decree specific
performance is discretionary, and the court is not
bound
sections of the Specific Relief Act and the Limitation Act
unhampered by judicial decisions.
22. The jurisdiction to decree specific
performance is discretionary ... which the court may
properly exercise a discretion not to decree specific
performance:
I. Where the circumstances under which the
contract is made are such
sections of the Specific Relief Act and the Limitation Act
unhampered by judicial decisions.
22. The jurisdiction to decree specific
performance is discretionary ... which the court may
properly exercise a discretion not to decree specific
performance:
I. Where the circumstances under which the
contract is made are such
1191/2010
Reg. Relief of specific performance:
23. The defendants contested the granting of the relief
of specific performance on two points. First ... held that in such circumstances specific performance
can be rejected. Needless to say that need for relief of specific
performance is an equitable relief
conditional decree as mentioned in the decree for
specific performance. It is true that the respondent
has not given satisfactory explanation of every ... fact that the decree has attained
finality.
20. In the instant case, the decree is one for specific
performance wherein the plaintiff was directed
failed to note that
the execution of the sale deed or specific performance decree
causes greater hardship to the defendant. The conduct of the
parties ... Surinder
Pal Singh cases referred to supra held that the specific
performance decree is in the nature of preliminary decree and
for implementation
trial Court is justified
in granting a decree for refund in respect of the
decree for specific performance. No doubt, merely
because the agreement ... Specific Relief Act, the trial Court has refused the
specific performance. Section 20 of the Specific Relief
Act contemplates the situation where the specific
performance
trial Court is justified
in granting a decree for refund in respect of the
decree for specific performance. No doubt, merely
because the agreement ... Specific Relief Act, the trial Court has refused the
specific performance. Section 20 of the Specific Relief
Act contemplates the situation where the specific
performance
