2006) before the Trial Court and sought for decree
of specific performance of contract against the defendants.
4.4. After service of summons, defendants ... 2006) before the Trial Court and sought for decree of
specific performance of contract against the defendants.
5.4. After service of summons, defendants
2006) before the Trial Court and sought for decree
of specific performance of contract against the defendants.
4.4. After service of summons, defendants ... 2006) before the Trial Court and sought for decree of
specific performance of contract against the defendants.
5.4. After service of summons, defendants
2009 having been negatived so far as the
prayer for decree of specific performance of Agreements to
Sell, plaintiff is held to be entitled ... Specific
Relief Act, 1963 came to be amended w.e.f. 01.08.2018
greatly diminishing discretion of Courts to decline decree
for specific performance, which otherwise
2009 having been negatived so far as the
prayer for decree of specific performance of Agreements to
Sell, plaintiff is held to be entitled ... Specific
Relief Act, 1963 came to be amended w.e.f. 01.08.2018
greatly diminishing discretion of Courts to decline decree
for specific performance, which otherwise
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
cancellation. This again, would stand in the
way of a decree of specific performance for unless the
said made by defendant No.1 to defendant ... obtaining relief
of grant of specific performance. It is also clear that in a
suit for specific performance, the plaintiff must allege and
prove a continuous
time is not the essence of the
contract. Accordingly, a decree for specific performance
-7-
RFA No. 38 of 2012
was sought directing the defendants ... contract?
iii) Whether the plaintiff/appellants are entitled to a
decree of specific performance?
21. The points for determination are taken up for
consideration together
