possession was delivered to him he must not be granted equitable relief of specific performance of agreement as has been provided by Sub-section ... praiseworthy which should be considered enough to deprive him the equitable relief of specific performance of contract. According to the learned counsel the agreement
also
settled proposition of law that relief of specific performance is an equitable
relief. Even if the agreement to sell is proved and the plaintiff ... plaintiff. It may be mentioned here that
relief of specific performance is an equitable relief and it
has to be seen, while granting specific performance
insignificant amount the Plaintiff
was not entitled to discretionary equit
equitable
able relief of Specific
Performance, as observed by this Court in Saradamani Kandappan ... also a ground to decline the Respondent Plaintiff the equitable relief
of Specific Performance for purchase of immovable property. Mr.
Venugopal's argument finds
insignificant amount the Plaintiff was not entitled to
discretionary equitable relief of Specific Performance, as observed by this Court
in Saradamani Kandappan v. S. Rajalakshmi ... also a ground to
decline the Respondent Plaintiff the equitable relief of Specific Performance for
purchase of immovable property. Mr. Venugopal's argument finds
Civil) 319. It was also argued
that relief of specific performance is equitable relief and it
would not be granted if it gives unfair advantage ... finding of fact.
Plaintiff is certainly entitled to the equitable relief
of specific performance in the instant case. There is no ground
to decline
instance of the other
party."
12. Specific performance, being an equitable relief, can be refused
on the ground that the plaintiff had not come ... party who seeks to avail of the
equitable jurisdiction of a court and specific
performance being equitable relief, must come to the
court with clean
determination:
(i) Whether the learned Courts can decline the
equitable relief of specific performance when the
agreement to sell has been proved and no
evidence ... going in favour of appellants, they could
be allowed the equitable relief of specific performance on the basis of
evidence led by plaintiffs.
Plaintiffs
mandatory for
the Court to grant a relief of specific performance which is an equitable
relief and keeping in view the facts and circumstances ... appellant that the relief of decree of specific performance is an
equitable relief and the trial Court should not have granted the same in
favour
doubt on the conduct of the vendor?
5. Whether the equitable relief of specific performance
deserves to be granted in favour of the appellants ... favour. Execution and extension of agreement stands fully proved. The
equitable relief for specific performance deserves to be granted in favour of the
appellants. Both
that the plaintiff is not entitled to the equitable relief
of specific performance of agreement of sale
despite the fact that he is found having ... Whether the discretion exercised by a Court
in refusing equitable relief of specific performance
and instead granting a decree for recovery of
money against
