grant of specific performance is not a rule and this Court has
the discretion to decline specific performance in view of the provisions
contained under ... held as follows:-
“ Specific Relief Act, 1963 , Section 16 (c )- Readiness and willingness
– Court cannot grant decree of specific performance
decreeing specific performance.(be-
fore amendment)—
(1)The jurisdiction to decree specific performance is
discretionary, and the court is not bound to grant such relief ... amended Specific Relief Act . At the same time, the Plaintiff relies on
the amended Act for seeking decree for specific performance of contract for
purchase
specific
performance. Even though strictly speaking, the right to possession accrues
only when a suit for specific performance is decreed, indisputably such a
decree ... specific
performance. Even though strictly speaking, the right to possession accrues
only when a suit for specific performance is decreed, indisputably such a
decree
specific
performance. Even though strictly speaking, the right to possession accrues
only when a suit for specific performance is decreed, indisputably such a
decree ... specific
performance. Even though strictly speaking, the right to possession accrues
only when a suit for specific performance is decreed, indisputably such a
decree
Specific Relief Act . Section 20 of the Specific Relief Act is
extracted hereunder:-
20. Discretion as to decreeing specific performance.—
(1)The jurisdiction to decree ... consequence of a
contract capable of specific performance.
(4)The Court shall not refuse to any party specific
performance of a contract merely
agreement till date of decree, which is a condition
precedent for grant of relief of specific performance. This Court finds
that the Respondent Plaintiff ... read
as a bar to the grant of a decree of specific performance would
amount to penalising the plaintiffs for no fault on their part
circumstances are such that it is equitable to grant decree for specific
performance of the contract. While exercising the discretion, the court
would take into ... relief of specific
performance and the courts had rightly granted such relief, the
Plaintiff had filed the suit for specific performance three days after
Section 20 (2) has been couched in a way not to decree specific
performance when (i) the Plaintiff takes unfair advantage over the
Defendants ... Judgment and Decree of the trial court is
perverse. The Appeal is to be allowed and the judgment and decree granting
specific performance of contract
that the criminal proceeding has no bearing
for getting a decree for specific performance in this suit.
12. The contention of the Defendant is that ... criteria set out for interpreting the
agreement in question – Decree for specific performance granted.”
13.4. The reported decision
otherwise proved his readiness and willingness and entitled
to a decree for specific performance in respect of the undivided share of
defendants ... specific performance and in that
view of the matter, granted the alternative relief. In the second decision
cited, the plaintiff had claimed specific performance
