specific performance in any case
where the plaintiff has done substantial acts
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or suffered losses in consequence of a
contract capable of specific performance ... well as interpolation in the agreement and thereby
rightly refused to grant specific performance. Though
there was interpolation in the agreement, the trial court
Mrs Lilly Balappa vs Smt Shayamallamma W/O Sri. Appaianna on 30 September, 2022
Author
Whether the Courts below were justified in
refusing the decree of specific performance
even after rendering a finding with regard to
the execution of sale ... also the
conditions agreed therein?
(ii) Whether in such circumstances, while refusing
specific performance and ordering refund of
amount, the Courts below have exercised
Court
must interfere with the civil Court's judgment and refuse
specific performance of the sale agreement because the
plaintiff has not challenged ... Vidyanadam (supra) :
(i) Courts, while exercising discretion in suits for
specific performance, should bear in mind that
when the parties prescribe a time/period
specific performance
of contract is ordered. The plaintiff admitted in his evidence
that he owns 75 acres of land and therefore, if the specific
performance ... discretion lies with the
9
Court for granting or refusing the specific performance of
contract. Considering the status of the parties, grant of
specific performance
Trial Court and
the First Appellate Court refusing to grant the relief of
specific performance does not call for any interference by
this Court. Though ... agreement holders challenging
the Judgment and Decree of both the Courts refusing
specific performance of the agreement of sale dated
18.04.1979 is dismissed. However
plaintiff who has filed this second appeal
questioning the decree refusing specific performance of the
contract.
9. This appeal was admitted on 28.10.2009 to
consider ... relief of specific performance is a
discretionary relief. Court is not bound to grant a decree for
relief of specific performance merely because
specific performance of contract.
10. Being aggrieved by the impugned judgment and
decree passed by the Trial Court denying the specific
performance of contract ... Appellate Court have ignored the said
document. However, the Trial Court refused specific
performance of contract and directed the defendants to return
the earnest money
performance of contract was
dismissed.
8. Being aggrieved by the refusal to grant specific
performance, the plaintiff preferred R.A. No.168/2010.
9. Being ... plaintiff who intended to prefer an
appeal against the refusal of specific performance, would
spring into action only after an appeal was filed
execute a gift deed in favour of
MUDA and the defendants refused to co-operate, which
resulted in filing of the suit.
5. The defendants ... conclusion that
the reasoning of the trial Court in refusing specific
performance of the agreement could not be found fault
with. The Appellate Court, accordingly
