discretionary and equitable relief.
The material questions, which are required to be gone into for
grant of the relief of specific performance, are First, whether ... contract; Fourth, whether it will be
equitable to grant the relief of specific performance to the
plaintiff against the defendant in relation to suit property
suit itself is for grant of specific performance of
agreement, which is discretionary and equitable relief,
court can come to conclusions only after full fledged ... willing and ready to
perform the contract, to claim the equitable relief of
specific performance. In the judgment relied on by Sri P.S.
Narsimha
bounden duty to establish the
same for seeking the equitable relief of specific performance. The
plaintiff has admitted in her evidence that she does ... abovesaid sine qua non factors for obtaining the equitable relief of
specific performance, the same being completely absent in the present
case, the first appellate
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
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
discretionary and equitable relief.
(34) Section 20 of Specific Relief Act reads as follows:-
''20.Discretion as to decreeing specific
performance ... Court seeking the relief
of specific performance. The delay is also one of the reasons for which
the relief of specific performance should be denied
contesting defendants, the plaintiff cannot
be granted the discretionary and equitable relief of specific performance
based on the invalid agreement dated 15.10.2003.
17.The plaintiff ... found to be not entitled to secure the
discretionary and equitable relief of specific performance based on the
invalid document.
18.The plaintiff
contract
within the stipulated time for obtaining the discretionary and
equitable relief of specific performance.
17. As regards the claim of the plaintiff that ... plaintiff, as an agreement holder, seeking the discretionary
and equitable relief of specific performance should establish that she
has been always ready and willing
case of the appellant in this appeal suit.
39. Specific performance is equitable relief given by the
court to enforce against a defendant, the duty ... conformity with the terms of the contract. Therefore, the equitable
relief of specific performance is to be considered. This Court has to
consider whether
specific
performance, especially when the owner of the property does not prefer
an appeal or contest the suit.
(f) The relief of specific performance being ... been such that he is
entitled to the discretionary and equitable relief of specific performance. Unfortunately in
the instant case, the plaintiff has not been
