Specific Relief Act, 1963, provides as
follows :
"20. Discretion as to decreeing specific performance-
(1) The jurisdiction to decree specific performance is
discretionary ... aggrieved
may either sue for specific performance or for damages.
Moreover, a claim for specific performance under the Specific
Relief Act can co-exist with
favour of the plaintiff in the impugned judgment and
granting the decree for specific performance in favour of the
plaintiff in respect of the schedule ... suit
for specific performance is not maintainable. Even assuming for the
sake of argument that agreement was subsisting, the suit for specific
performance
even after a decree for specific performance
has been passed, that the decree passed in a suit for
specific performance is not a final decree ... specific
performance. Order 21, Rule 32 provides as follows :-
"(1) Where the party against whom a decree for
the specific performance of a contract
Specific Relief Act--Contract
of agreement to repurchase the lands, assignability--Whether
specific performance can lie.
U.P. Zamindari Abolition and Land Reforms ... below should have exercised their discretion to passing a
decree for specific performance]
JUDGMENT:
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1946 of
1970.
Appeal
relief of specific performance of the contract. This
Section, insofar it is relevant, is as under :-
16. Personal bars to relief.- Specific performance ... appellant was the judgment-debtor in a suit for specific
performance agreement for sale of immovable property. The
question before the Court was whether application
will be found set out in Seton on Judgments under the title Specific Performance. On a perusal of them the first thing to be observed ... continuance of the rights under the judgment. After the original judgment for specific performance it is the definite practice in England that all consequential relief
agreement Ex.P1 with the vendee.
Against the judgment granting decree of specific performance
of sale of life interest of vendor in the suit ... infructuous and partly decreeing the
suit for specific performance. An appeal was filed against the common
judgment. Therefore, non-filing of appeal against the dismissal
grant specific performance
and that merely because it is lawful to do so, the Court will not grant
specific performance but instead may only grant ... capable of specific performance.
RFA No.518/2018 Page 26 of 38
(4) The court shall not refuse to any party 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
for specific ... practically impossible.
1171. There are two kinds of relief after judgment for specific
performance of which either party to the contract may, in a proper
appellant herein – the
original defendant and has confirmed the judgment and decree of
specific performance of the agreement to sell dated 30.12.1985
passed ... impugned judgment and order passed
by the High Court in dismissing the appeal and confirming the
judgment and decree of specific performance passed
