granting compensation
under Section 21 , in addition to the relief of specific performance in
the absence of a prayer made to that effect either ... paid or (made by) him, in case his claim
for specific performance is refused.
(2) No relief under clause (a) or clause
systems—
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 in any case where the plaintiff has done
12
substantial acts or suffered losses in consequence of a contract
capable of specific performance
limitation period
commences from the date of specific refusal. In the case
at hand, specific refusal of the vendors to perform their
obligations had occurred ... performance of a performance, or, if no
contract such date is fixed, when
the plaintiff has notice
that performance is
refused.
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The High Court
defendant 1(b)
and second defendant in a Suit filed for specific
performance. Defendant 1(a) and Defendant 1(b) have
filed ... filed
SLP(C)No.6857/2017. The Trial Court while refusing
specific performance, directed the return of the amount
Signature Not Verified
Digitally signed
paid or made by him” in case his claim
for specific performance is refused. However, subSection (2) thereof
puts a caveat that the abovementioned ... paid or made by him, in case his claim for specific
performance is refused.
(2) No relief under clause (a) or clause
specific performance in any case
where the plaintiff has done substantial acts
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or suffered losses in consequence of a
contract capable of specific performance ... well as interpolation in the agreement and thereby
rightly refused to grant specific performance. Though
there was interpolation in the agreement, the trial court
plaintiff once a decree of
specific performance is passed in its favour even at the appellate stage.
35. Specific performance being an equitable relief, balance ... specific performance of the agreement. Be that as it
may, it is by now settled that a court dealing with a suit for specific
performance
Mrs Lilly Balappa vs Smt Shayamallamma W/O Sri. Appaianna on 30 September, 2022
Author
said Act, this is no longer a ground to refuse specific performance of a
contract. The mere fact that, the Appellant has a remedy ... Specific Reliefs Act, specific performance of a contract which is
'determinable' must be refused. He submitted that, the Shareholders
Agreement in clause
Whether the Courts below were justified in
refusing the decree of specific performance
even after rendering a finding with regard to
the execution of sale ... also the
conditions agreed therein?
(ii) Whether in such circumstances, while refusing
specific performance and ordering refund of
amount, the Courts below have exercised
