framed the issue as to whether it was equitable to grant the relief of
specific performance. He had submitted that the matter be remanded
back ... urban areas very fast, it would not be
equitable to grant relief of specific performance after the lapse
of a long period of time
equitable
relief, and the same is governed by the salutary provisions of
the Specific Relief Act . It is held that these equitable
principles are nicely ... bound to grant specific performance merely
because it is lawful to do so. The grant of specific
performance is an equitable relief, and while granting
equitable relief, though the
same is now governed by the statutory provisions of the Specific Relief
Act, 1963 . These equitable principles are nicely incorporated ... relief of
specific performance merely because it is lawful to do so. I have no
quarrel with the proposition that the relief of specific performance
them. Once the remedy for acquiring title through specific performance is lost to the vendee, equitable relief of protection to possession comes to end. Such ... filing a suit for specific performance of contract is lost to the defendant/transferee by lapse of time, equitable relief of protection of his possession
plaintiff even if decree for specific performance is granted. It was thus urged that the decree for specific performance cannot be put into operation ... plaintiff being the professional builder need not be granted equitable relief of specific performance of contract.
19. The learned counsel for the defendant, lastly, invited
suit giving rise
to the impugned order is one for
specific performance of sale in
respect of the suit property and if
the defendant ... Court to decline, in the
exercise of its discretion, the
equitable relief of specific
performance to the plaintiff at the
trial and to award damages
discretionary relief of specific
performance, the learned arbitrators discussed in detail each and every
circumstance alleged by SRL/VIT for denying specific performance to
Kalpataru ... present case, which would disentitle Kalpataru to the equitable relief of
specific performance. The majority arbitrators have rightly held so.
Explanation to Section
discretionary relief of specific
performance, the learned arbitrators discussed in detail each and every
circumstance alleged by SRL/VIT for denying specific performance to
Kalpataru ... present case, which would disentitle Kalpataru to the equitable relief of
specific performance. The majority arbitrators have rightly held so.
Explanation to Section
uncertain. The conduct of the vendee disentitles him to the equitable relief of specific performance. He also pleaded that he had made improvements ... plaintiff is not entitled to the equitable relief?
(12) Is plaintiff entitled to the specific performance of the contract?
(13) In the alternative
Suit for specific performance, the Court is
vested with wide discretionary powers in terms of Section 20 of the
Specific Relief Act. This discretion ... specific performance would essentially
depend upon prima facie satisfaction of the ingredients essential for
decree for specific performance.
6. Specific performance is equitable relief
