specific performance?, was necessary. Every contract
though lawful does not justify decree for specific
performance which is a discretionary relief. Section 20 of
the Specific ... reasons discussed above, I am satisfied the
impugned judgment directing specific performance of the
alleged agreement of sale dated 24.1.2004 is unsustainable
and accordingly
2007
in so far as it relates to relief of specific performance.
The judgment and decree of the Trial Court is modified
and thereby ... aside in so far it relates to relief
of specific performance. The judgment and decree of the
Trial Court is modified directing the defendants
suit of the plaintiff for the relief of
specific performance.
6. Being aggrieved by the said judgment and decree of
dismissal of suit ... suit for the relief of specific
performance by the Trial Court.
8. Being aggrieved by the judgment and decree of the
Trial Court as well
parties by
treating the suit for specific performance as the main suit, reference in
the judgment of the Trial Court has been ... price is not a ground to refuse the
specific performance. However, the said judgment would not aid the
case of the respondent since
parties by
treating the suit for specific performance as the main suit, reference in
the judgment of the Trial Court has been ... price is not a ground to refuse the
specific performance. However, the said judgment would not aid the
case of the respondent since
Court has allowed the appeal
as per the Judgment and Decree dated 08.07.2009 for
specific performance of contract, subject to the decision
in the partition ... defendants.
Therefore, following the judgment in Smt.ANITHA
VAZ ' case only a decree for specific performance
could be granted to the plaintiff
suit filed by plaintiff seeking the
relief of specific performance is in time?
2. Whether the Judgments and Decrees of both
Courts is vitiated ... decreeing the suit for specific performance and the Court may
properly exercise the discretion with regard to suit for specific
performance and also discussed that
that the grant of
relief of specific performance is discretionary as provided
under Section 20 of the Specific Relief Act, 1963. As the
most ... grant the relief of
a specific performance of contract as averred in the plaint.
42. In a judgment of Hon'ble Apex Court
that the grant of
relief of specific performance is discretionary as provided
under Section 20 of the Specific Relief Act, 1963. As the
most ... grant the relief of
a specific performance of contract as averred in the plaint.
42. In a judgment of Hon'ble Apex Court
suit filed by plaintiff seeking the
relief of specific performance is in time?
2. Whether the Judgments and Decrees of both
Courts is vitiated ... decreeing the suit for specific performance and the Court may
properly exercise the discretion with regard to suit for specific
performance and also discussed that
