defendants if specific performance were to be decreed and accordingly relief by way of specific performance was refused. The Subordinate Judge proceeded to deal with ... have foreseen and that therefore, the Court had a discretion to refuse specific performance. With reference to Section 22 (2) it is well settled that
refusing specific performance if the purchaser is willing to take such title as the vendor has. But where a party seeking specific performance seeks ... entitled to specific performance. It is to be noticed that the defendant did not plead in his written statement that the specific performance should
claiming specific performance of contract.
11. The suit filed by vendee Babulal Agrawal for specific performance was resisted by Ajay Rajan and his brothers ... Section 20 of the Specific Relief Act, we are of the opinion that decree of specific performance should not be refused in this case. Prabhu
possession, this fact alone appeared to the Master sufficient warrant, for refusing specific performance.' And remembering that granting specific performance is always within ... support of the latitude allowed to Courts in England to refuse specific performance not because a title is bad but because it is doubtful
Counsel for the respondent plaintiffs, even otherwise cannot be interpreted to refuse specific performance of the agreement. In case Kapoor Singh v. Surinder Singh ... specific performance should be refused, cannot be accepted. The default lies with the appellants and refusing specific performance would be amounting to undue enrichment
terms of Section 20 of the Specific Relief Act, 1963 while refusing to grant a decree of specific performance and ordering the return ... terms of Section 20 of the Specific Relief Act, 1963 to refuse a decree of specific performance of contract.
20. This can be outlined
laches and that the discretion of the courts below in refusing specific performance should not be interfered with. The argument has been supported by reference ... plaintiff from obtaining specific performance. In the remaining case of Ramswarup Singh, AIR 1960 Pat 235 specific performance was refused because there were several special
against granting
specific performance. The factors cumulatively or with other factors
may form the basis of a decision not to grant specific performance.
7. Hardship ... Section 20 of the Specific Relief Act, grant of
specific performance of contract is discretionary. Though
the decree for specific performance is discretionary
performance involved the performance of a
continuous duty which the Court cannot
supervise and hence the decree of specific
performance is refused. Such appreciation ... specific performance of
the same.
(ii) The findings of the Trial Court and
Appellate Court being concurrent findings and
decree for specific performance being refused
performance involved the performance of a
continuous duty which the Court cannot
supervise and hence the decree of specific
performance is refused. Such appreciation ... specific performance of
the same.
(ii) The findings of the Trial Court and
Appellate Court being concurrent findings and
decree for specific performance being refused
