Section
20(1) of the Specific Relief Act, 1963 indicates that the
jurisdiction to decree specific performance is discretionary.
Yet, the discretion of the court ... 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
that Section
20 of Specific Relief Act is discretionary
one, whether granting decree of specific
performance in favour of plaintiff would
result into arbitrary ... Section 20(1) of the Specific Relief Act,
1963 indicates that the jurisdiction to
decree specific performance is
discretionary. Yet, the discretion of the
court
Discretion as to decreeing specific
performance.-(1) The jurisdiction to decree specific
performance is discretionary, and the court ... consequence of a contract capable of specific
performance.
(4) The court shall not refuse to any party
specific performance of a contract merely
relief of specific performance of contract and that
the trial Court had committed an error in not decreeing the
suit for specific performance of contract ... Court set aside the judgment and decree of the trial Court
and granted a decree for specific performance of contract.
It directed defendant
execution of a decree where no specific
prayer for possession had been made in a suit for specific
performance. It held that the proviso appended ... plaintiff in his suit for specific performance of a
contact is not only entitled to seek specific
performance of the contract for the transfer
Rule 32 of the Code reads thus:-
"32. Decree for specific performance for restitution of
conjugal rights, or for an injunction. (1) Where ... decree for restitution of
conjugal rights by the attachment of his property or, in
the case of a decree for the specific performance
contends that the Trial Court ought to have granted a
decree for specific performance of contract. It is the contention
that the agreement in question ... decree dated
01.02.2018 on the file of VIII Additional City
Civil Judge, Bengaluru in O.S.No.7741/2010
refusing decree for specific performance
contract, the Trial Court ought to have
granted a decree for specific performance. It is his further
submission that the suit ... plaintiff-appellant would urge
that the decree be set aside and the decree for specific
performance be granted in favour of the plaintiff and against
that view of the matter, granting a decree for specific
performance subject to the permission to be obtained by either
of the parties from
respondent No.1/plaintiff to institute the suit seeking a
decree for specific performance ... Whether the plaintiff is entitled for the relief of
Specific Performance of Contract?
(v) What Decree or Order
