respondents for injunction.
Subsequently, a relief by way of decree of specific performance of the
agreement for sale was also prayed for. A further ... denying the appellants the relief by
way of a decree for specific performance of contract.
Mr. Sudhir Chandra, learned Senior Counsel appearing on behalf
entitled to a decree for specific
performance, was of the view that granting of specific performance being a
discretionary remedy in equity, the Court ... court
may decline to decree specific performance is where
it would be inequitable to enforce specific
performance. The present is clearly such a case
that
class of which a Court of Equity would decree the specific
performance".
The same principle was thus reaffirmed by Jessel ... should do or is compelled to do so
by a decree for specific performance that the legal title of
the transferor in that property
City,
Bangalore and has modified the decree by allowing the appeal, granting
the decree for specific performance of the Agreement of Sale ... while reversing the judgment and decree of the trial court
and granted the decree for specific performance in favour of the
plaintiff
that the decree in favour of the appellant was a decree for
money.
A decree for specific performance is a decree ... decree for specific performance, firstly for the reason that
a specific mode for execution of a decree for specific
performance is provided
necessary for the court to pass a
decree for possession. A decree for specific performance of
a contract includes everything incidental ... under the law relating to
specific relief a Court which passes a decree for
specific performance retains control over the decree
even after
agreement of sale filed by the Decree Holder. An ex-parte decree of
specific performance of contract was passed on 08.11.1990 in favour ... parties to suit for specific performance of
the contract and could not have been dispossessed in execution of
the decree. Their case was that
Section
2(2) --Decree--Preliminary decree--Decree passed in a suit
for specific performance of contract of sale of immovable
property calling ... decree.
Limitation Act (36 of 1963), Section 5- -Condonation of
delay--Amendment of decree--Decree in a suit for specific
performance
joint decree in favour of both sets of
defendants for the receipt of Rs. 77,000. If the decree for
specific performance ... joint
decree in favour of both sets of defendants for the receipt
of Rs. 77,000/-. If the decree for specific performance
specific performance of the agreement. The suit that has been decreed
is the suit for specific performance of the agreement. Once the decree ... cannot go behind the decree or beyond the decree. But
while executing a decree for specific performance, the Court, in case
