suit filed by the plaintiff vide
judgment and decree dated 22.2.2014 by passing decree for
specific performance of contract dated 30.10.2009, which was
directed ... 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
basis
of decree for specific performance because, admittedly, there is
no bar to file suit for specific performance on the ground of
prior permission ... filing proper application
after the decree is passed. Therefore, it
cannot be stated that decree for specific
performance is not required to be passed.
Further
relief for specific performance of an agreement can be
granted, including,
3) What are the legal principles applicable to suits for specific
performance under Section ... Court interfered with the decree of the
Trial Court, we see nothing objectionable in it. The decree for specific
performance in this case has been
Section 20 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 provides that
the jurisdiction to decree specific performance is
discretionary, and the court is not bound
been
passed, the Court retains control over the decree even thereafter. The
decree for specific performance is treated to be in the nature ... execution of the decree, the trial
court retains its power and jurisdiction to deal with the
decree of specific performance. ....."
[emphasis supplied
prices would not be a justification to refuse
specific performance.
8 While evaluating whether specific performance ought to have been
decreed in the present case ... 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
within
the reasonable time, the decree-holder looses his right to execute the decree
of specific performance. Without specific order as per Section ... directed by the Trial Court, will disentitle
the decree-holder from executing the decree for specific performance.
Further, it is well settled that when
Section 20 of the Specific Relief Act which confers discretion on the Court to grant a decree of specific performance guided by settled principles ... Section 20 of the Specific Relief Act, 1963 provides that the jurisdiction to decree specific performance is discretionary and the court is not bound
agreement and whether
Respondent No. 1 is entitled to a decree of specific
performance of the said agreement.
4. Thomson Press (India) Ltd. vs. Nanak ... Sawhneys (Vendors) for the specific performance of the
agreements dated 29.05.1986. Before the institution of the
suit for specific performance, when the Plaintiff came
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
