contract and was not entitled to the discretionary and
equitable relief of specific performance. Putting forth these
contentions and denying all the plaint allegations ... Specific Relief Act but also establish that he is entitled to the
discretionary and equitable relief of specific performance as
contemplated under Section
case
of specific performance of contract, has held that grant of relief
of specific performance is a discretionary and equitable relief. It
has been observed ... held that since the
relief of specific performance is a discretionary relief, though
specifically the alternative relief of refund of the amount had not
been
purchasing the agricultural land, she was not entitled to the equitable relief of specific performance. Aditionally Mr. John D'Souza contended that ... hence the equitable relief of specific performance could not have been granted in her favour. One more ground Mr. John D'Souza urged against
performance is an equitable relief though the same is now governed by the statutory provisions of the Specific Relief Act . These equitable principles are nicely ... specific performance. The Trial Court did not consider the question whether it would be fair, just and equitable to grant the decree for specific, performance
Section 114(g) of
Evidence Act against the plaintiff seeking equitable relief
of specific performance. The author of the letter dated
28.1.1995 would have been ... granted even if agreement is proved. Whoever seeks
equitable relief of specific performance, should come to
36
the Court with clean hands that too within
Specific Relief Act mandates clear
proof of readiness and willingness to get the equitable relief
of specific performance and the failure to plead and prove ... right of filing a suit for specific performance, even
getting the suit amended seeking the relief of specific
performance, is virtually an inhibition under order
equitable relief, though the same is now
governed by the statutory provisions of the
Specific Relief Act, 1963 . These equitable
principles are nicely incorporated ... 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 is to be granted. Merely because
it is lawful to grant specific relief, the
court need not grant the order for
specific relief ... equitable relief,
though the same is now governed by
the statutory provisions of the Specific
Relief Act, 1963 . These equitable
principles are nicely incorporated
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 ... equitable relief,
though the same is now governed by
the statutory provisions of the Specific
Relief Act, 1963 . These equitable
principles are nicely incorporated
equitable relief,
though the same is now governed by
the statutory provisions of the Specific
Relief Act, 1963 . These equitable
principles are nicely incorporated ... equitable relief, though the same
is now governed by the statutory
provisions of the Specific Relief Act,
1963 . These equitable principles are
nicely incorporated
