agreement had disappeared, their right to
seek specific performance revived and accordingly they have asked
for specific performance causing amendment to the plaint, which ... exercised in favour of the plaintiffs granting specific performance. In
the alternative, he submits that if specific performance is to be
declined, in the circumstances
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 ... passed a decree of specific performance in favour of the plaintiffs
(respondents herein). It is after the decree for specific performance was
passed that sometimes
certain kinds of specific reliefs, it appears to be exhaustive in dealing with specific performance of contracts. At any rate, specific performance of a contract ... specific performance is to be granted and as to whether or not any interlocutory order in aid of the ultimate relief of specific performance
specific performance, if the plaintiff fails to show readiness and willingness, he/she is not entitled to get the discretionary relief of specific performance ... Courts below were right in decreeing the suit for specific performance.
ii.Judgment reported in 1969[3] SCC 120 [Nathulal Vs Phoolchand ] wherein, at paragraph
suit for specific performance of the contract for sale shall be
enlarged from the suit for specific performance to a suit for title
and possession ... Shridhar Sutar 23 901-chs-683.14.doc
performance, a suit for specific performance would be converted
into a suit for title and possession, for adjudication
decree of specific
performance of contract. The present appeal is filed by the plaintiff for
grant of a decree for specific performance of contract ... 2017 01:24:25 :::
FA 174/17 9 Judgment
decree of specific performance of contract. It is stated that by paying
merely
itself be
a reason to decline the relief of specific performance. While
relying upon judgments of Apex Court in Zarina Siddiqui
vs. A. Ramalingam ... consideration for refusing the decree of specific
performance......."
38 Thus, it is evident from the above mentioned
judgment that ultimately while balancing the equities
2017
Suit for specific performance
JUDGMENT
1. Vide this judgment, I shall dispose of instant suit for specific
performance of agreement to sell dated
trial Court and decreed the
suit for specific performance. Aggrieved over the judgment and decree of the
lower Appellate Court, the defendants have filed ... years is not a ground to deny specific performance. But a perusal of the
judgment shows that there were good reasons for the plaintiff
Sections 21 , 22 and 28 of the Specific Relief Act and held that
A Decree for Specific Performance of a contract includes everything incidental ... suit for specific performance of an agreement to transfer an immovable property, once a decree for specific performance is granted, it includes the term
