suit under the provisions of Section 26 CPC seeking a decree for specific performance of the contract under two agreements dated 29-10-1979 purporting ... seek specific performance of the same.
25. We now come to the main legal submission which is that the relief of specific performance being discretionary
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
specific performance.
42. Section 20 of the Specific Relief Act, 1963, provides
as follows:
"20. Discretion as to decreeing specific
performance-
(1) The jurisdiction ... 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 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
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
these properties. Consequently,
they maintain that the concept of a specific performance
decree does not apply in this case. The defendants raise
questions about ... this Court that the decree for refund of
earnest money paid under the agreement is enlarged
into decree for specific performance
decree on the ground that the balance
sale consideration was not paid by the decree holder.
The decree for specific performance is a preliminary
decree ... extend time for compliance of the conditional decree as
mentioned in the decree for specific performance. It is
true that the respondent has not given
decree for specific
performance. Therefore, it is obligatory on the part of the
Court, that, in every suit for specific performance to frame an
issue ... follows:
8. Section 20 of Specific Relief Act, 1963, provides
that the jurisdiction to decree specific performance is
discretionary, and the court is not bound
decree for specific
performance. Therefore, it is obligatory on the part of the
Court, that, in every suit for specific performance to frame an
issue ... follows:
8. Section 20 of Specific Relief Act, 1963, provides
that the jurisdiction to decree specific performance is
discretionary, and the court is not bound
