2014
19
(26) The learned Arbitrator ought to
have refused specific performance due to
the phenomenal increase in price of the
property. Alternatively, additional amounts ... Respondents were in
possession of the suit schedule property
and refused Specific performance due to
the claimants' violation of the terms of
contract, claimants
performance of the suit agreement, the defendant would suffer irreparable loss or injustice, the relief of specific performance may be refused, the lower Appellate Court ... specific performance in any case where the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance
main or
primary relief of specific performance of the
contract. The plaintiff primarily wants the
relief of specific performance of contract and
pleads that ... 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
ready and willing and the Court
may refuse to grant specific performance.
25. In a rising market, the purchaser makes a profit by the delay ... discretion and accordingly grant or refuse the
CS(OS) 1284/2011 Page 18 of 64
relief of specific performance depending upon the case made
equity
and justice demand partial enforcement of the contract,
instead of refusing specific performance in its entirety, which
would meet the ends of justice. Accordingly ... paid or [made by] him, in case his claim for
specific performance is refused.
(2) No relief under clause (a) or clause
specific performance in any case where the
plaintiff has done substantial acts or suffered losses
in consequence of a contract capable of specific
performance ... caused to either of the parties while enforcing or refusing
the specific performance. There may be one or other
circumstances on which the parties
suit for specific performance would be entitled to
refund of earnest money, if the relief for specific
performance is refused since this is just ... paid or made by him in case his claim for specific
performance is refused.
(2) No relief under Clause (a) or Clause
might be defeasible by a third party is no ground for refusing
specific performance if the purchaser is willing to take such title ... might be defeasible by sons of defendants was no ground for
refusing specific performance if the purchaser was willing to take such
title
specific
performance of its material terms;
(c) a contract which is in its nature determinable;
(d) a contract the performance of which involves the performance ... which the
situation requires. To deny reinstatement to an employee by refusing specific
performance in such a case would be to throw
specific performance in any case where the plaintiff has
done substantial acts or suffered losses in consequence
of a contract capable of specific performance ... HCHP
8
grant decree for Specific performance. However, the Court
is not bound to grant specific performance merely because
it is lawful
