Section 20 of the Specific Relief Act, the grant of relief of specific performance, is discretionary relief conferred on the Courts, which based on oral ... relief of specific performance, comes to the irresistible conclusion that the plaintiff is not entitled to get the relief of specific performance, even though
formulated under:
(i) Whether the plaintiff is entitled to the equitable relief of specific performance of Ex.A-1 sale agreement when the plaintiff failed ... such circumstances, there is no reason to deny the equitable relief of specific performance to the plaintiff.
14. In the above factual matrix, when
material alteration?
8. Whether the plaintiff is entitled to the equitable relief of specific performance?
9. To what relief, if any, the plaintiff is entitled ... grant of specific performance would not be in the interest of justice. Hence, the refusal of the relief of specific performance by the trial court
plea of payment he would not be entitled to
the equitable relief of specific performance.
9. The learned counsel for the appellants had vehemently contended ... found to be false, disentitles
the
plaintiff to the equitable relief of specific performance. Therefore, the
findings of the Court below which find positive support
refuse to grant specific performance.
21.9 Section 20 of the Specific Relief Act, 1963
The specific performance is an equitable relief. Section ... give the relief of
specific performance to the purchaser. The rationale behind
refusal of the Court to grant the specific performance where
long time
willingness on her
part and thus, not entitled for equitable relief of specific
performance of agreement. He further contended that
plaintiff is not definite about
observed that,
for granting of the equitable relief of specific
performance within the provisions of the Specific Relief
Act , there has to be a concluded ... Sharma 18
19
Thus, the plaintiff is not entitled for equitable relief of
specific performance of the Agreement, that could never been
executed upon between
relief of specific performance was indicated by the Supreme Court thus
:-
"5.It is settled law that remedy for specific performance is an equitable ... 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
material alteration?
8. Whether the plaintiff is entitled to the equitable relief of specific performance?
9. To what relief, if any, the plaintiff is entitled ... grant of specific performance would not be in the interest of justice. Hence, the refusal of the relief of specific performance by the trial court
purchase suit property, whether the
plaintiff is entitled to the equitable relief of specific
performance of agreement dated 01.07.2005 ?
4. If the suit transaction dated ... purchase suit property, whether the
plaintiff is entitled to the equitable relief of specific
performance of agreement dated 01.07.2005?”
(1)The case of the plaintiff
