vendors where ore deposit is less is not a
ground to refuse specific performance
binding on her, in
addition to seeking the relief of specific performance.
5. Upon service of summons, defendant No.1
entered appearance and filed ... defendant No.1, whether
the Courts below were justified in refusing
specific performance of contract on the ground
that the plaintiff was not ready
specific
performance was partly decreed by the Trial Court
ordering refund of Rs.2,40,800/-, while larger relief of
specific performance of contract ... Sale
Deed?
ii. Whether the Courts below were justified in
refusing to grant specific performance on the
ground that the plaintiff has not proved
readiness
equitable bars. Specific performance cannot be refused by
resort to Section 20 in the absence of such pleadings and
proof. In the present case, there ... Refusal of specific performance without the
requisite pleadings and evidentiary substratum is legally
impermissible.
11. The Trial Court has declined specific
performance solely because
Specific Relief Act, would go
to show as to under what circumstances hardship can be
taken into consideration in refusing the specific
performance ... contract is not to be treated
as a hardship entailing refusal or specific performance of a
contract. Further, the hardship involved should
justified in decreeing the suit of the plaintiff
in-part, by refusing specific performance and ordered for
refunding of earnest money with interest
Court and partly decreed the suit with cost by refusing to order
for specific performance and directing the
defendants/respondents to refund ... demonstrating that the
discretion exercised by the First Appellate Court in refusing
specific performance, is contrary to any specific, oral or
documentary evidence on record
consideration having been paid, the Trial Court erred
in refusing to order for specific performance. It is further
contended that the execution of Sale Agreement ... favour of the plaintiff, the Trial Court was
justified in refusing to order specific performance.
14. Learned counsel for respondent Nos.1 and 2 further
specific performance,
the Court need not grant a decree for specific
performance and in appropriate cases, the Court may
decline the relief of specific performance ... Specific Relief Act has no
application. However, it appears, under Section 20 of
the Specific Relief Act, the trial Court has refused the
specific performance
specific performance,
the Court need not grant a decree for specific
performance and in appropriate cases, the Court may
decline the relief of specific performance ... Specific Relief Act has no
application. However, it appears, under Section 20 of
the Specific Relief Act, the trial Court has refused the
specific performance