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
State.
CORAM : SMT. ANUJA PRABHUDESSAI, J.
JUDGMENT RESERVED ON : 27th AUGUST, 2019.
JUDGMENT PRONOUNCED ON : 20th SEPTEMBER, 2019.
JUDGMENT.
1. This Second Appeal under Section ... Judgment SA 114-.doc
courts below have appropriately exercised their discretion
for granting the relief of specific performance to the
respondents on sound principles
consequence of a contract
capable of specific performance.
(4) The court shall not refuse to any party specific performance
of a contract merely ... getting specific relief, the Specific Relief Act,
1963 while providing for provisions of specific performance of the
agreement (i.e. performance instead of damages
developer to file a suit for specific performance. It was held in the said judgment
that there was no scope for specific performance and damages ... specific performance of contract,
particularly at a juncture when such specific performance was time‐barred.
41. The next judgment cited is of K. Raheja Constructions
prescribes judicial
discretion to grant decree for specific performance. The
Court is not bound to grant specific performance merely
because it is lawful ... disentitling him to grant the relief of specific
performance. In order to get the relief of specific
performance, the plaintiff has to approach the Court
plaintiffs have filed the above suit for specific
performance of contract, declaration that Sale Deed dated
Judgment
3 O.S.No.8271/2015
01.01.2015 executed ... time and issued notice on 07.10.2014 seeking
Judgment
8 O.S.No.8271/2015
specific performance of the contract. The defendant No.1 has
issued
exclusive clause IX.1 to deal with
enforcement of specific performance. The judgments relied upon by
Ld counsel for respondent do not deal with this ... special one of which was very specific with respect to filing suit for
specific performance. In this judgment, it was held that since there
specific
performance of an agreement to sell can be referred to arbitration.
There is no denial to the ratio that the specific performance ... special one of which was very specific with respect to filing suit for
specific performance. In this judgment, it was held that since there
present judgment, this court shall adjudicate
upon suit for specific performance of the contract and permanent
injunction filed by the plaintiffs against the defendant.
CASE ... merely because suit for specific performance is
filed within in limitation that would not mean that suit for
specific performance has necessarily to be decreed
perform the contract, to claim the equitable relief of
specific performance. In the judgment relied on by Sri P.S.
Narsimha, learned senior counsel ... specific performance of
contract must manifest that his conduct has been blemishless
throughout entitling him to the specific relief. In the
aforesaid judgment this Court
