file a suit
for specific performance of contract seeking equitable
relief of specific performance and execution of the sale
13
MCRC.4280/2017
deed. Whether ... intending purchaser will be entitled
for an equitable relief of specific performance of contract
or not and whether the seller is under obligation to
execute
legal right. Therefore, the plaintiff is not entitled to the equitable relief of specific performance and prayed for dismissal of the suit.
5. During ... defendants and consequently he is not entitled to the equitable relief of specific performance.
18. With regad to the submissions made by the learned counsel
entitlement of plaintiff to get the discretionary and
equitable relief of specific performance. While answering issue No.1, the
trial Court came to the conclusion ... learned Counsel, will disentitle
the plaintiff from getting the equitable relief of specific performance. The
learned Counsel after referring to 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
equitable reliefs. In addition to injunction
and equitable reliefs, Article XV also speaks about right for recovery
and suit for specific performance ... indication of the
reliefs that the Arbitral Tribunal may grant, in an action for specific
performance. In an action for specific performance before a Civil
suit agreement?
(iii) Whether the plaintiff is entitled to the equitable relief of
specific performance?
11.The following facts are not in dispute ... limitation
and that the plaintiff is not entitled to the equitable relief of specific
performance in view of the conclusion that the plaintiff
deals with personal bars for getting equitable relief of specific performance.
13.From a cursory look of the provision of Section ... which stands in the name of the fourth defendant, equitable relief of specific performance cannot be granted and the trial Court, without considering the correct
plaintiff and the
entitlement of the plaintiff to the equitable relief of specific performance,
found that the plaintiff is not entitled to specific performance ... sale agreement and that the plaintiff is not entitled to equitable relief
of specific performance. The learned counsel for the appellant further
pointed out that
perverse. Regarding the entitlement of
plaintiff to get the equitable relief of specific performance of the
agreement under Ex.A1, the learned Senior Counsel ... agreement, Court may not be
justified for granting the equitable relief of specific performance. In the
present case, the suit agreement
Indisputably, remedy for specific performance is
an equitable remedy. The court while granting relief
for specific performance exercises discretionary
jurisdiction. Section ... equitable
relief, though the same is now governed by the
statutory provisions of the Specific Relief Act, 1963 .
These equitable principles are nicely incorporated
