within the purview of Section 20 of the Specific Relief Act, that the relief of specific performance can be denied. In this connection, the learned ... would disentitle them to specific relief;
(v) That for taking a decision to grant or not, the relief of specific performance, the Court
defendant 1(b)
and second defendant in a Suit filed for specific
performance. Defendant 1(a) and Defendant 1(b) have
filed ... filed
SLP(C)No.6857/2017. The Trial Court while refusing
specific performance, directed the return of the amount
Signature Not Verified
Digitally signed
words :-
"6. Section 16(c) of the Specific Relief Act lays down that specific performance of a contract cannot be enforced in favour ... Section 16(c) of the Specific Relief Act, mere plea though specifically made in the suit for specific performance, that the plaintiffs were ready
decision of a learned Single
Judge, dismissing his suit for specific performance of an agreement to sell
dated 18.02.2005 ("Agreement" hereafter) in respect ... claim, i.e in the
absence of specific responsibilities and terms in respect of the construction,
specific performance would have been heavily- if not entirely
contract. In a way therefore the
provisions of Specific Relief Act directing specific performance of a
breached agreement to sell are in the nature ... loss caused. Therefore once the provisions of Specific Relief Act
with respect to specific performance are not the normal
consequence of a breach of contract
suit of the original plaintiffs and passing the decree of specific performance directing original defendants nos. 1, 2, 3 and 6 to 19 to execute ... with a view to file suit for specific performance. The said suit was permitted to be withdrawn by the Anand Court vide order dated 22nd
Harikirtan Kaur plaintiffs filed suit for possession as owners through specific performance of land measuring 2 bighas 8 biswas i.e. l/3rd share ... Whether plaintiffs are entitled to possession as owners by way of specific performance of agreement to sell dated 27.1.1989 ? OPP
7. Whether the plaintiffs
judgment dated 28-2-2003 dismissing the suit filed for specific performance of an oral agreement of sale.
2. The parties are described as arrayed ... Specific Relief Act, 1963 (for short 'the Act') enables a defendant to raise, in a suit of specific performance, all those defences which
Specific Relief Act 1963, readiness and willingness to perform the essential terms of contract are must for insistence of specific performance in a suit under ... blemishless conduct to entitle her for the specific relief as prayed for, the suit for specific performance by the plaintiff ought to be declined
Specific Relief Act,
1877 (3 of 1877) Now see the Specific Relief
Act, 1963 , The words ―or as evidence of part
performance of a contract ... Section 10 of the
Specific Relief Act, the following criteria have been perceived
wherein Specific Performance of Contract is found enforceable for
better appreciation