specific performance in any case where the
plaintiff has done substantial acts or suffered losses
in consequence of a contract capable of specific
performance ... court shall not refuse to any party specific
performance of a contract merely on the ground
that the contract is not enforceable at the instance
fixing time for performance of
obligations as 11 months. Plaintiff had instructed counsel to file suit for
specific performance. However, when she realized that only ... limitation, mere delay in filing suit cannot be a ground for refusing
specific performance.
20. Insofar as application filed under Order II Rule
stipulates
period of three years for filing suit for specific performance from
date of refusal to perform as per agreement. Plaintiff got issued
legal notice ... performance years. the performance,
of a contract. or, if no such date
is fixed, when the
plaintiff has notice
that performance is
refused
sale
consideration, trial Court was not justified in refusing plaintiff's
prayer for specific performance. It was submitted that contents ... defendant. Therefore, trial Court was not justified in refusing
decree for specific performance.
In support of his submission for invocation of procedure
under Order
from date
fixed for performance and if no such date is fixed,
when plaintiff has notice of refusal of performance.
iv) S. Brahamanand ... agreement fixed date for performance, vendor's
request for postponement accepted by plaintiff by
not insisting for specific performance forthwith,
even though not reduced
time. It was further submitted that person seeking
benefit of specific performance of contract must maintain
blemish less conduct. It was submitted that by suppressing ... Though reasons assigned by trial Court for refusing
injunction namely delayed filing of suit for specific
performance and failure of plaintiff to establish that proposed
specific
performance of contract was three years from date
fixed for performance and if no such date is fixed,
when plaintiff has notice that performance ... period of limitation for filing suit for
specific performance held that denial of specific
performance on ground of failure to establish
willingness would be justified
agreement of sale
was unenforceable and refused relief of specific
- 16 -
RSA No. 5812 of 2010
performance. Since defendants had admitted that
sale?
4. Whether trial Court was justified in refusing
the relief of specific performance of
contract?
5. Whether impugned judgment and decree of
trial Court
time?
4. Whether the plaintiff is entitled to a
decree of specific performance of
contract as prayed?
5. What decree or order ... suit for specific performance would be three years
1
AIR 2001 Kar.442
-8-
RSA No. 148 of 2022
from date of refusal to perform
