paid or made by him, in case his claim for
specific performance is refused.
(2)No relief under clause (a) or clause ... limitation begins to run
54. For specific Three years The date fixed for the
performance of a performance, or, if no such
contract date
paid or made by him, in case his claim for
specific performance is refused.
(2)No relief under clause (a) or clause ... period begins to
run
54. For specific Three years The date fixed for
performance of a the performance,
contract or, if no such date
than the terms the
performance of which has been prevented or waived by the Defendant) is
barred from claiming specific performance. Therefore, even assuming
that ... terms the performance of which has been prevented or
waived by the Plaintiff), there is a bar to specific performance in his
favour. Therefore
reads as follows:
“ the Plaintiff cannot be punished where refusing the
relief of specific performance. Despite the fact that the
execution of agreement to sale ... defence of the Defendant deserves consideration.
Normally, in a suit for specific performance, the purchaser will issue a notice
to the owner expressing his readiness
when demanded by the
Plaintiff. Time is not fixed for performance of contract. Time is not
essence of the contract. In 2014 the Defendant attempted ... period for
filing the suit for specific performance is three years from the date when the
performance is refused by the Defendant. The suit
attempt of the defacto Complainant to
covert the suit for specific performance of contract for sale into a criminal
case is unacceptable and illegal ... parties. Therefore, the Petitioners refused to part with the amount. Instead of
insisting the suit for specific performance through the civil Court, the
second Respondent
property and
when it was refused by the Defendants, he has instituted the instant suit for
specific performance of the agreement of sale dated
property and
when it was refused by the Defendants, he has instituted the instant suit for
specific performance of the agreement of sale dated
same is admissible in
evidence in a suit for specific performance of the contract.
This ruling stands in sharp contrast to the amendment ... Plaintiff-
Revision Petitioner ought to have instituted the suit for specific performance
of the alleged contract. When there is a cause of action available
contract. Under Section 20 of the
Specific Relief Act, the relief of specific performance is
discretionary and the court is not bound to grant such ... could be refused. In my considered view the
performance of the contract would involve some hardship on the
Defendants, whereas its non performance would involve
