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
deposit paid [made by] him, in case his claim for specific
performance is refused.
(2) No relief under clause (a) or clause ... party suing for specific
performance to seek possession or partition and separate possession of the property,
in addition to specific performance, or any other relief
notice to the
defendants on 3rd March, 2010 seeking specific performance of
the contract. Upon refusal by the defendants, the suit for
specific performance ... learned
District Judge have correctly exercised the discretion in refusing
the specific performance. Resultantly, the second appeal
deserves to be dismissed.
19. Hence, the following
notice to the
defendants on 3rd March, 2010 seeking specific performance of
the contract. Upon refusal by the defendants, the suit for
specific performance ... learned
District Judge have correctly exercised the discretion in refusing
the specific performance. Resultantly, the second appeal
deserves to be dismissed.
19. Hence, the following
formed,
and joined plaintiff Nos.1 to 5 in seeking the specific performance
of the contract, the basis of the objection on behalf ... tenants, Mr. Damle would urge that the refusal to exercise
the discretion to grant the specific performance by the learned
Judge is unsustainable, and, thus
24th March 2009, the Defendants failed
and refused to execute the conveyance. Hence the suit for specific
performance of the contract contained in the Agreements
24th March 2009, the Defendants failed
and refused to execute the conveyance. Hence the suit for specific
performance of the contract contained in the Agreements
reads thus:
Art 54. For specific performance of Three Years The date fixed for the
a contract performance, or if no such
date is fixed ... fixed for the performance".
20. The expression, "the date fixed for performance" is not
necessarily restricted to a specific date named
reads thus:
Art 54. For specific performance of Three Years The date fixed for the
a contract performance, or if no such
date is fixed ... fixed for the performance".
20. The expression, "the date fixed for performance" is not
necessarily restricted to a specific date named
formed,
and joined plaintiff Nos.1 to 5 in seeking the specific performance
of the contract, the basis of the objection on behalf ... tenants, Mr. Damle would urge that the refusal to exercise
the discretion to grant the specific performance by the learned
Judge is unsustainable, and, thus
