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
operation of the solar plant is put in jeopardy by refusing
specific performance to the claimant. Ultimately he
submitted that the claimant / petitioner has shown ... well settled that relief of specific
performance is a discretionary remedy and a party seeking
discretionary remedy of specific performance should come to
the court
Hurbanu Wd/O Gulammohiyuddin ... vs Mohammadali Mohammadhusen Gandhi on 8 February, 2024
Author: Vaibhavi D
claim, sought specific performance of their version of the self-same
agreement.
3. The claimant's prayer for specific performance was refused ... refund stands on a different footing than
specific performance. Whereas the relief for specific performance was
based entirely on the SPA, the claimant
Mere rise in prices by itself cannot be a ground for
refusing specific performance and cited K.Prakash v.
B.R.Sampath Kumar1 . At paragraph ... decree for specific performance. Rise in
price is a normal change of circumstances and, therefore, on that
ground a decree for specific performance cannot
systems -- English and Indian -- qua the relief of specific
performance. In England the relief of specific performance pertains
to the domain of equity; in India ... systems--English and Indian--qua the
relief of specific performance. In England the relief of
specific performance pertains to the domain of equity; in
India
claim, sought specific performance of their version of the self-same
agreement.
3. The claimant's prayer for specific performance was refused ... refund stands on a different footing than
specific performance. Whereas the relief for specific performance was
based entirely on the SPA, the claimant
date from which
interest is payable but confirming the refusal of specific
performance. Since the defendants have not vacated the
premises in terms ... date from which
interest is payable but confirming the refusal of specific
performance. Since the defendants have not vacated the
premises in terms
amendment of 2018 the
discretion vested in the court to refuse specific performance
17
CT 1390_Com.AP.59-2024_Judgment.doc
KABC170008432024
has been ... that there is no
further discretion in the Learned arbitrator to refuse specific
performance.
18. Therefore, the important question which arises is
whether the claimant
specific performance is within
the discretion of the court, had the occasion to observe:
“5. It is settled law that remedy for specific performance ... decree of
specific performance in the following words:
“6. It is true that grant of decree of specific performance lies in
the discretion
