trial court ignoring all these aspects simply in its cryptic judgment ordered specific performance.
38. A mere poring over and perusal of the judgment ... whatsoever held as though the plaintiff was entitled to specific performance. In fact, the judgment of the trial court runs to as many
contract in a suit for specific performance.
19. Relevant portion of para 4 of the judgment of the Supreme Court in the case of Javer ... plaintiff respondent for specific performance of the contract while granting the relief and has rightly decreed the suit for specific performance.
30. Consequently, the first
that judgment is that ordinarily specific performance
ought to be granted and only very rarely the relief of
specific performance is to be denied ... specific performance is not granted."
I therefore hold that there are no valid reasons for denying the
relief of specific performance in the facts
judgment and decree against the defendants as follows:
(a) Granting specific performance of the development agreement dated 10.09.2003 entered into between the plaintiff and defendants ... none of those judgments are applicable to the present case on hand, as none of those judgments arose out of specific performance of development agreement
framed in suit of specific
performance before the date of passing of consolidation orders. In the said suit for
specific performance the plaintiff had averred ... suit
for specific performance was filed would by itself be sufficient to pass a decree in
suit for specific performance. Though the trial court
default an
option of paying money in lieu of specific performance.
(2) When enforcing specific performance under this Section,
the Court shall not also decree payment ... Cases in which specific performance of contract
enforceable
Except as otherwise provided in this Chapter, the specific
performance of any contract may, in the discretion
specific issue as to whether
'N' was entitled to specific performance of the
Judgment in Suit ... Relief.
The suit for specific performance of 'N'(Neeru
Bala) is dismissed qua the prayer of Specific
Performance and it is ordered that Parma
specific performance of a contract for
sale, it has to be proved that the plaintiff who is seeking for
a decree for specific performance ... specific performance would require the
court to satisfy itself that the circumstances are such that it
is equitable to grant decree for specific performance
Institution: 01.06.2010
Date of Reserving for Judgment: 28.08.2012
Date of Judgment : 28.08.2012
SUIT FOR SPECIFIC PERFORMANCE
JUDGMENT: ( ExParte)
1. Vide this judgment, I shall
Institution: 02.06.2008
Date of order reserved for Judgment: 29.08.2012
Date of Judgment: 05.09.2012
Suit for specific performance
JUDGMENT
1. The present suit has been filed
