amount by one party to
the other while granting or refusing decree of
specific performance. Whether the purchaser shall
be directed to pay an additional ... states:
"Severe hardship may be a ground for
refusing specific performance even though it
results from circumstances which arise after the
conclusion
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
specific performance of
the agreement to sell governed by the provisions of
the Specific Relief Act . 1963 the Court has a
discretion to decree specific ... specific performance.
A plaintiff who files a suit for specific performance
claiming compensation in lieu of or in addition to the
relief of specific performance
also opined that the plaintiff cannot be denied the relief of specific performance only on account of phenomenal increase in price during the pendency ... prices, will not be treated as a hardship entailing refusal of the decree for specific performance. The trial court opined that the defendants failed
held that delay and inequitable conduct are relevant
11
considerations for refusing specific performance, even if the suit is
within limitation. it is further submitted ... validity of
the agreement and acts of part performance, its refusal to grant specific
performance aligns with established legal principles. The judgment
underscores that equitable
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 ... states:
"Severe hardship may be a ground
for refusing specific performance even
though it results from circumstances
which arise after the conclusion
increase n
prices of land is not a relevant consideration to refuse specific
performance.
(22) As regards maintainability of the suit in the absence ... file a suit for specific performance.
The second issue relates to the personal bar to enforcement
of a specific performance by persons enumerated in section
paid or [made
by] him, in case his claim for specific performance is
refused.
(2) No relief under clause (a) or clause ... proved.
Refund of amounts paid may also be ordered when specific
performance has been refused on the ground of unexplained
delay by the plaintiff
paid or made by him in case his claim
for specific performance is refused. No compensation or
any other relief, including the relief of refund ... specific performance. A plaintiff who files a
suit for specific performance claiming compensation in
lieu of or in addition to the relief of specific performance
left with no
other alternative but to file the suit for specific
performance of contract. Accordingly, the plaintiff filed a
suit against the defendants ... Whether the Trial Court erred in refusing specific
performance and ordering for refund of advance
amount?
2. Whether the findings of the Trial Court calls
