land after entering into a contract cannot be ground to refuse specific
performance of the contract. No evidence has been led to prove that ... execution
of the agreement to sell cannot be a ground to refuse specific performance
of the agreement to sell.
As regards next argument of learned
issue No.1-A "Whether the plaintiffs are entitled to
specific performance of contract in lieu of agreement to sell dated ... approached this aspect differently, the
learned Lower Court was right in refusing specific
performance of the agreement (Ex.P1) in favour of the
prospective
specific performance in any case where the plaintiff has
done substantial acts or suffered losses in consequence
of a contract capable of specific performance ... contract is found to be concluded, still the court can refuse specific
performance if the subsequent purchaser is found to be a bona fide
purchaser
compensation in
agreement to sell would be a ground to refuse the specific
performance?
Both the Courts below have vehemently held that the
agreement ... either refusing to grant the decree of specific
performance or for decreeing the specific performance
with a direction to the plaintiff to pay an additional
person in suit for specific
performance claim liquidated damages, the court is not debarred or
denuded from granting specific performance. The aforementioned
view of mine ... either refusing to grant the decree of specific
performance or for decreeing the specific performance
with a direction to the plaintiff to pay an additional
paid under the suit agreement, in the event
specific performance was refused. By order dated 20.08.2015, the trial
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made by him in case his claim for specific performance is refused. Section
22(2) provides that no relief should be granted
area.
Learned First Appellate Court has recorded various reasons for
refusing the specific performance of the agreement to sell.
Learned Senior Counsel appearing on behalf ... that the reasons given
by the First Appellate Court to refuse the specific performance of the
agreement to sell are beyond pleadings, does not have
since he has failed, therefore, the Court has erred
in refusing specific performance. On the other hand, learned counsel for
the respondent has submitted that ... First Appellate Court has recorded
cogent reasons to refuse specific performance of the agreement to sell. He
submitted that on 13.03.2000, on the one hand
sell is not signed by
defendants No.2 to 4, therefore, specific performance cannot be granted.
The learned court further held that the details ... been admitted.
In these circumstances, the courts below were wrong in refusing specific
performance of the agreement to sell on the ground that the agreement
insufficiency of price even if proved, is not a ground to
refuse specific performance, unless other grounds are established. Once the
defendant who had purchased
