Mere rise in prices by itself cannot be a ground for
refusing specific performance and cited K.Prakash v.
B.R.Sampath Kumar1 . At paragraph ... decree for specific performance. Rise in
price is a normal change of circumstances and, therefore, on that
ground a decree for specific performance cannot
relief of specific
performance. The grant of alternative relief will arise if the Plaintiff's claim for
specific performance is refused. When the Plaintiff ... specific performance lies at the
discretion of the Court, and it is also well settled that it is not always
necessary to grant specific performance
paid or made by him, in
case his claim for specific performance is refused.
13
(2)No relief under clause (a) or clause ... paid or made by him, in case his claim for
specific performance is refused. Sub Section (2) of Section 22 ,
provides that no relief under
allowed the appeal and consequently decreed the suit for specific
performance of Ex.A-1 agreement of sale. Aggrieved thereby, the
1st defendant preferred ... Whether the lower Court committed error in refusing equitable
relief of specific performance and granting relief of refund of sale
consideration ? and
4. Whether
dated 05.01.2002, allowed the
appeal and consequently decreed the suit for specific performance of Ex.A.1
agreement of sale. Aggrieved thereby, the 1st defendant ... Whether the lower Court committed error in refusing equitable relief of specific
performance and granting relief of refund of sale consideration?
4. Whether the decree
allowed the appeal and consequently decreed the suit for specific
performance of Ex.A-1 agreement of sale. Aggrieved thereby, the
1st defendant preferred ... Whether the lower Court committed error in refusing equitable
relief of specific performance and granting relief of refund of sale
consideration ? and
4. Whether
dated 20.02.2003, allowed the
appeal and consequently decreed the suit for specific performance of Ex.A.1
agreement of sale. Aggrieved thereby, the 1st defendant ... Whether the lower Court committed error in refusing equitable relief of specific
performance and granting relief of refund of sale consideration?
4. Whether the decree
dated 20.02.2003, allowed the
appeal and consequently decreed the suit for specific performance of Ex.A.1
agreement of sale. Aggrieved thereby, the 1st defendant ... Whether the lower Court committed error in refusing equitable relief of specific
performance and granting relief of refund of sale consideration?
4. Whether the decree
dated 20.02.2003, allowed the
appeal and consequently decreed the suit for specific performance of Ex.A.1
agreement of sale. Aggrieved thereby, the 1st defendant ... Whether the lower Court committed error in refusing equitable relief of specific
performance and granting relief of refund of sale consideration?
4. Whether the decree
dated 05.01.2002, allowed the
appeal and consequently decreed the suit for specific performance of Ex.A.1
agreement of sale. Aggrieved thereby, the 1st defendant ... Whether the lower Court committed error in refusing equitable relief of specific
performance and granting relief of refund of sale consideration?
4. Whether the decree
