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
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
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
voidable, makes
it inequitable to enforce specific
performance.
(3) The court may properly exercise discretion to
decree specific performance in any case where the
plaintiff ... capable of specific
performance.
(4) The court shall not refuse to any party specific
performance of a contract merely on the ground that
the contract
voidable, makes
it inequitable to enforce specific
performance.
(3) The court may properly exercise discretion to
decree specific performance in any case where the
plaintiff ... capable of specific
performance.
(4) The court shall not refuse to any party specific
performance of a contract merely on the ground that
the contract
sole
ground to grant decree for specific performance of
contract. Granting a relief of specific performance of
contract is discretionary relief as per Section ... contract, then as
per Section 16(C) of the Specific Relief Act, decree for
specific performance of contract cannot be granted. Also
grant of specific performance is discretionary. Considering the
disproportionate sale consideration vis-à-vis the extent of land,
granting specific performance would result in unfair ... both the Courts have rightly exercised their discretion
in refusing the relief of specific performance. However, the First
Appellate Court was justified in directing refund
Court have committed a serious error
in decreeing the suit for specific performance by
ignoring the material evidence placed on record,
more particularly, the document ... sale
is proved. Therefore, though the main relief of specific
performance of contract is refused, but have granted the
alternative relief of refunding the advance
discretion in granting the
decree for specific performance in the light of Section
20 of the Specific Relief ... Trial Court while refusing to grant decree for
specific performance of contract, but by giving lesser relief of
refund of earnest amount has assigned reasons
