really a principle of equity jurisprudence and relief of specific performance is an equitable relief. This case has been referred to with approval in Prem ... been such as to disentitle them to the equitable relief of specific performance. There is also nothing to prove that the performance of the contract
T.R.K. Saraswathy vs R. Kandasamy on 21 October, 2011
Bench: K.Mohan Ram
regard thereto and hence it is not entitled to the equitable relief of specific performance. (7) Due to appreciation of the value of the urban ... Court with unclean hands and is, therefore, disentitled to the equitable relief of specific performance?
(7) In view of the appreciation of the value
specific performance itself is a discretionary relief, an equitable relief, and always necessarily the Courts need not grant such relief merely because such relief ... inclined to frame the following additional issues:
1. Whether the equitable relief of specific performance be granted in the light of the evidence
would therefore argue that as specific performance is not only
a discretionary relief but also an equitable one, the conduct on the part ... once the trial Court exercised its discretion and granted the
equitable relief of specific performance to the plaintiff, the appellate Court
should be slow
Court with false case, he is not entitled to equitable relief of specific performance. But this factum was not considered by the trial Court ... 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
consequences inasmuch as the appellant cannot seek the equitable relief of specific performance on account of his own conduct in making such false statement ... must, therefore, show the equity in himself before seeking the equitable relief of specific performance. The appellant who stated that he paid several amounts
Kapil Yadav ) vs Master Swapnil Yadav ) on 5 May, 2020
IN THE COURT OF SH
performance,
where equity shifts in favour of the purchaser.
Keeping in view that the relief of Specific Performance of
Contract is discretionary and equitable ... relief. But however, through
the above judgments, Law is settled that grant of relief of specific
performance of contract is a discretionary and equitable relief
performance is extinguished and the respondent is not entitled to
equitable relief of specific performance and prayed for dismissal of the suit.
6. Considering ... Specific Performance Act, the respondent
is not entitled to equitable relief of specific performance. When time is fixed
in the agreement, it can be extended
