specific performance of contract -
Grant of compensation in lieu of specific performance - No
plea as to hardship if relief for specific performance is granted
raised ... SUPREME COURT 1279 :
(B) Specific Relief Act (47 of 1963). S. 20 - Decree for specific
performance - Grant of - is a discretionary one - Comparative
hardship
entitled for specific performance of contract as
sought for.
13. It is also important to note that while
granting or refusing specific performance of contract ... placed any evidence
on record to show that if decree of specific
performance is granted, he will be put to hardship. On
the other hand
defendant No.5 pleads hardship
in the event of a decree for specific performance of
30 O.S.No.3957/2012
contract. The defendants have ... held
that plaintiff was not entitled to decree for specific
performance of contract. But in the present case, the
question of permission does not arise
Specific Relief Act, 1963 - Section 20 - Specific
performance of contract - Conduct of Party - Effect
on relief - Relief in the nature of specific
performance is discretionary ... Under Section 20 of the Specific Relief Act, 1963
[for short, 'the Act'] the decree for specific
performance is in the discretion
specific performance lies
in the discretion of the court and it is also well settled
that it is not always necessary to grant specific
performance ... party to the other while
granting or refusing decree of specific performance.
Whether the purchaser shall be directed to pay an
additional amount
held that:-
" C. Specific Relief Act, 1963 - Section 20(2)
Hardship to defendant - absence of specific
pleading and evidence by defendant - The trial
court ... 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
remedy for specific performance is
discretionary remedy. As per Sec.20 of Specific Relief Act, the
relief of specific performance being discretionary relief,
discretion must ... date of Ex.P.3 till the date of decree for specific performance.
Admittedly none of the documents including
file of
the City Civil Court, Bengaluru for a decree for specific
performance of the agreement of sale deed dated
26.10.1998, which is pending adjudication ... file of
the City Civil Court, Bengaluru for a decree for specific
performance of the agreement of sale deed dated
26.10.1998, which is pending adjudication
admitted and the
plaintiff is entitled for the decree of specific
performance of contract. Further, he argued that
purchasers who have purchased during the pendency ... sale agreement. The plaintiffs are not entitled
for the decree for specific performance of contract and
he relied on the decisions reported
defendant has denied service of statutory notice
and decree of specific performance of the contract obtained by
the deceased plaintiff. There is no jural relationship ... deceased Manikyamma. He succeeded to obtain decree of
specific performance of contract by filing RFA No.309/1990. He
became the absolute owner
