decree in specific
performance. It reads as below:
"20. Discretion as to decreeing specific
performance.--
(1) The jurisdiction to decree specific performance is
discretionary ... specific
performance. As such, the refusal by the Court below in
R.F.A.No.4063/2012 (SP)
: 27 :
awarding the specific performance
entitled to the relief of specific
performance. Therefore, the trial Court had rightly
granted the relief of specific performance. Appellant's
counsel contended that ... consequence of a contract capable of specific
performance.
(4) The Court shall not refuse to any party specific
performance of a contract merely
sought against him. In other words, Civil Court has
held that specific performance decree passed in
O.S.No.10514/1982 was not binding ... Bansilal Belani. Unless and until there is specific
relief claimed for cancellation of the decree for specific
performance, the bare suit of Devakinandan Goyal
Exhibit P1
contains no clause for specific performance. The plaintiff
seeking the relief of specific performance of the contract
9
would only amount ... would be just, fair and equitable to grant the decree for
specific performance? It is true that the rise in prices of
the property during
specific
performance of the agreement to sell, we have to first make it
clear that discretion vested in the Court for decreeing specific
performance ... Specific Relief
Act, 1963, lays down the criteria for exercise of discretion and
justification for the Court to deny grant of decree for specific
performance
these averments, the instant suit was filed seeking for a
decree of specific performance of contract and in the alternative,
refund of earnest money ... framed the
following issues:
i. Whether plaintiff is entitle for decree of specific
performance of agreement of sale in his favour in
respect of suit
willing to perform his
part of contract. Thus, he seeks decree of specific
performance.
4. Defendants contested the suit denying the
execution of the agreement ... part of the contract?
4. Is he entitled to a decree for specific
performance?
5. What decree or Order?
ADDITIONAL ISSUES
1. Whether Defendants prove
contract?
7. Whether the plaintiffs are entitled for
suit of decree of specific performance?
8. Whether the plaintiffs are entitled for an
order of permanent ... that the trial Court is right in not granting a decree of
specific performance against first defendant as he was not
the absolute owner
under Section 20 of the Specific Relief Act, 1963 not to
decree the suit for specific performance. He would
further submit that non-consideration ... discretion to decree the suit as contemplated
under Section 20 of Specific Relief Act, 1963, inasmuch
as jurisdiction to decree specific performance is
discretionary
1972 filed by the respondent
for passing a decree of specific performance stood abated,
with which the claim for specific performance of the
agreement ... appellant Nos.1 and 2 for passing a
decree for specific performance of the contract entered
into on 22.07.1963. The possession of the suit property
