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
suit for
specific performance of contract for sale, the law
insists a condition precedent to the grant of
decree for specific performance: that the plaintiff ... 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
erred in exercising discretion
under Section 20 of the Specific Relief Act to refuse
specific performance of Exts.A1 to A3 agreements?
III. Whether ... exercise of discretion under
Section 20 of the Specific Relief Act in refusing specific
performance in the second suit, O.S. No.256/1996
what circumstances
'hardship' can be taken into consideration
in refusing specific performance. It is not
possible to enumerate the different
circumstances which constitute ... states:
Severe hardship may be a ground for
refusing specific performance even though
it results from circumstances which arise
after the conclusion of the contract
erred in exercising discretion
under Section 20 of the Specific Relief Act to refuse
specific performance of Exts.A1 to A3 agreements?
III. Whether ... exercise of discretion under
Section 20 of the Specific Relief Act in refusing specific
performance in the second suit, O.S. No.256/1996
what circumstances
'hardship' can be taken into consideration
in refusing specific performance. It is not
possible to enumerate the different
circumstances which constitute ... states:
Severe hardship may be a ground for
refusing specific performance even though
it results from circumstances which arise
after the conclusion of the contract
what circumstances
'hardship' can be taken into consideration
in refusing specific performance. It is not
possible to enumerate the different
circumstances which constitute ... states:
Severe hardship may be a ground for
refusing specific performance even though
it results from circumstances which arise
after the conclusion of the contract
K.R. Suresh vs R. Poornima on 2 May, 2025
2025 INSC 617
REPORTABLE
IN
specific performance of contract along with damages for the breach of the
contract whereas the appellants by way of counterclaim prayed for specific
performance ... award for specific performance of the SPA dated March 24, 2011. Deepak as
respondents also filed a counter claim for specific performance
