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
specific performance by the
vendor. But the vendor cannot set up defective in his own title as a
defence in a suit for specific performance ... refusing specific performance if the purchaser is
willing to take such title as the vendor has. But where a party seeking
specific performance seeks
specific performance by the
vendor. But the vendor cannot set up defective in his own title as a
defence in a suit for specific performance ... refusing specific performance if the purchaser is
willing to take such title as the vendor has. But where a party seeking
specific performance seeks
Vidyanadam (supra) :
(i) Courts, while exercising discretion in suits for
specific performance, should bear in mind that when
the parties prescribe a time/period ... perform his part of the contract.
(iii) Every suit for specific performance need not be
decreed merely because it is filed within the period
specific performance in any case where the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance ... specific performance lies in the discretion of the court and it is also well settled that it is not always necessary to grant specific performance
Trial Court vide judgment and
decree dated 16.01.2010 refused to pass a
decree for specific performance of the sale
agreement, however, decreed the suit ... High Court has erred in
passing the decree for specific performance
which was refused by the learned Trial Court
as well as the First Appellate
Seema Gupta vs Sunny Talwani on 26 April, 2023
Author: Chandra Dhari Singh
Bench: Chandra
plaintiffs are
entitled both in law and in equity to seek specific performance of the
contract under the same.
37. It is submitted that ... been held by the Hon‟ble Supreme Court that in a
specific performance suit, the plaintiff is required to establish that he has
been willing
Claimants are entitled to the specific performance of the
agreement. In this context, we may recall the Specific Relief
Act has undergone significant amendments ... unamended
form gave much wider discretion to the courts to refuse
specific performance of an agreement has been substituted in
its entirety. The unamended
hence the plaintiff is not entitled
to the equitable relief of specific performance or the consequential relief.
The suit agreement dated 3.8.94 is admitted ... Vidyanadam:
(i) The courts, while exercising discretion in
suits for specific performance, should bear in mind
that when the parties prescribe a time/period
