part
of the contract and he is not entitled to equitable relief of specific
performance. The learned counsel appearing for the appellants referred to
Saradhamani ... Specific Relief Act
and granted the decree of specific performance in
favour of the plaintiff. The relief of specific
performance being an equitable relief
drawing adverse conclusions against the
defendant in granting an equitable relief of specific performance
without properly considering the conduct of the plaintiff and the
surrounding ... Trial Court. Therefore,
plaintiff is not entitled for equitable relief of specific performance
of agreement of sale.
xi. Time is the essence of contract
suit was filed by the respondent / plaintiff seeking for
equitable relief of specific performance and permanent injunction
restraining the appellant / defendant from alienating or encumbering ... case.
25. Section 16 (c) of the Specific Relief Act, 1963, bars the relief
of specific performance of a contract in favour of a person
discretionary and equitable relief.
The material questions, which are required to be gone into for
grant of the relief of specific performance, are First, whether ... contract; Fourth, whether it will be
equitable to grant the relief of specific performance to the
plaintiff against the defendant in relation to suit property
sale and he was not therefore entitled to get the equitable relief of specific performance. On the other hand, the contentions of learned Counsel ... course of the evidence is not entitled to get the equitable relief of specific performance. Our attention is drawn to the judgments of this Court
Smt.Phool Kaur & Ors. vs Sardar Singh & Ors. on 24 December, 2010
Author
equitable relief. Section 20 of the
Specific Relief Act, 1963 preserves judicial discretion. The Court is not
bound to grant specific relief merely because ... refuse to grant specific
performance.
19. Section 20 of the Specific Relief Act, 1963
The specific performance is an equitable relief. Section
Whether the date was fixed or not the plaintiff had notice that performance is refused and the date thereof are to be established with reference ... Court with a false case is not entitled to the equitable relief of specific performance. .. .. No doubt, ordinarily in contracts relating to immovable property, time
agreement and
disentitle the purchaser from seeking the equitable relief of specific
performance.
35
38. In Padmakumari and others v. Dasayyan and others25, the
Apex ... circumstances and cannot ignore
such material aspects while granting the equitable relief of specific
performance. Accordingly, non-compliance with the stipulated time for
payment
prayed?
9
2. Whether conduct of plaintiff disentitle him, the equitable relief
of specific performance?
3. Whether the suit is barred by limitation ... agreement and disentitle the
purchaser from seeking the equitable relief of specific performance.
40. In Padmakumari and others v. Dasayyan and others 25,
the Apex
