filing the suit dis-entitle the plaintiff
seeking the equitable relief of specific performance
especially in the absence of refusal by defendant?
3. When ... also settled law that the person who seeks the
equitable relief of specific performance, must come to the
Court with clean hands. It is also
while reiterating that the remedy of specific
performance is equitable in nature and that granting or refusing specific
performance is within the discretion ... discretionary
and equitable relief. The material questions, which
are required to be gone into for grant of the relief
of specific performance, are:
7.1. First
Iska Sree Devamma vs N.Vijaya Krishna on 10 April, 2025
Author: Ninala Jayasurya
Bench
Iska Madhukar Reddy vs N. Vijaya Krishna on 10 April, 2025
Author: Ninala Jayasurya
Bench
Iska Vijaya Kumar Reddy vs N.Vijaya Krishna on 10 April, 2025
Author: Ninala Jayasurya
Iska Vijaya Kumar Reddy vs N. Vijaya Krishna on 10 April, 2025
Author: Ninala Jayasurya
even otherwise plaintiff is entitled to the equitable
and discretionary relief of specific performance and from the gap between the
agreement and date of notice ... perform his part of the contract ?
(3) Whether the equitable relief of specific performance to exercise the
discretion is giving undue hardship to the defendant
reason is that relief of a decree of specific performance is
an equitable relief. A person who seeks equity must do equity".
The ratio ... discretionary and equitable relief. The material
questions, which are required to be gone into for grant of the relief of
specific performance, are:
7.1. First
Specific Relief Act, 1963?
3) Whether the Courts below are right in ordering the equitable relief of
specific performance in favour of the respondent ... equitable relief,
though the same is now governed by the statutory provisions of
the Specific Relief Act, 1963 . These equitable principles are
nicely incorporated
must, therefore, show
the equity in himself before seeking the equitable relief of specific
performance. The appellant who stated the he paid several amounts ... clean hands, therefore he is not entitled to the equitable relief of
specific performance. For the above reasons it is not expedient interfere with
