refusing specific performance if the purchaser is willing to take such title as the vendor has. But where a party seeking specific performance seeks ... entitled to specific performance. It is to be noticed that the defendant did not plead in his written statement that the specific performance should
noticed that per-
formance is refused.
Under s. 22 of the Specific Relief Act , relief of specific
performance is discretionary but not arbitrary: discretion
must ... twosystems-English and Indian-qua the relief of
specific performance. In England the relief of specific
performance pertains to the domain of equity; in India
specific performance was filed in time.
25. The next question for our consideration is whether the appellant should get a decree for specific performance ... note of by a Court for refusing specific performance. It is also well established that specific performance is a discretionary remedy and the Court
specific performance in any case where the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance ... what circumstances hardship 'can be taken into consideration' in refusing specific performance. It is not possible to enumerate the different circumstances which constitute
decreeing specific performance. The Court should meticulously consider all facts and circumstances of the case. The Court is not bound to grant specific performance merely ... specific performance."
42. The learned Counsel for the appellants quoted the principles enunciated in the book "Fry on Specific Performance" (6th Edition
specific performance in any case where the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance ... under what circumstances hardship can be taken into consideration' in refusing specific performance. It is not possible to enumerate the different circumstances which constitute
Specific Relief Act which says that laches in bringing a suit will by itself be a ground for refusing specific performance. The only section dealing ... specific performance. Having regard to the fact that a special period of limitation has been fixed for bringing a suit for specific performance, I think
specific performance of contract of sale and the plaintiff is not entitled to discretionary relief of specific performance.'
20. Conversely, it is the contention ... either refusing to grant the decree of specific performance or for decreeing the specific performance with a direction to the plaintiff to pay an additional
specific performance was filed in time.
25. The next question for our consideration is whether the appellant should get a decree for specific performance ... factor which it was urged should be taken into account in refusing specific performance. Another factor mentioned was that since the date of the contract
refuse specific performance. Sub-section
(3) of Sec-tion 20 says that "the court may properly exercise discretion to
decree specific performance ... specific performance". Section 21 sets out the circumstances in which the
court may award compensation in lieu of or in addition to specific
performance
