voidable but the circumstances
make it inequitable to enforce specific performance, the Court can refuse to
grant such discretionary relief. Explanation (2) to the Section ... follows:-
“24. Section 16 (c) of the Specific Relief Act, 1963 bars the relief of
specific performance of a contract in favour of a person
specific performance in any case where the plaintiff has done
substantial acts or suffered losses in consequence of a contract
capable of specific performance ... Appellant claiming specific performance – Whether purchases
from Respondent bound by decree for specific performance –
Appeal decree granting specific performance.”
(iv) In the case of Prakash
specific performance granted.”
13.4. The reported decision in 2006 CLT 80 (SC) the Hon'ble Supreme
Court had held as follows:-
“Specific Performance ... cannot be taken into account for either granting or refusing the relief
of specific performance. The Plaintiff is also a pensioner. While
exercising
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 relief or to refuse to grant specific relief. Here, the
Court after appreciation of evidence declined to grant the relief of specific
performance
thereby refusing to
grant the relief of specific performance and instead, granted the alternate relief
of refund of advance amount ... judgment was rendered on 29.04.2017 in which
the claim of specific performance was refused by the learned Additional
District and Sessions Judge, Cuddalore
specific performance in any case where the plaintiff has done
substantial acts or suffered losses in consequence of a
contract capable of specific performance ... discretion of the Court to either grant a
decree for specific performance or refuse to grant it on the basis of the
evidence available
relatives of Plaintiff cannot be a reason to refuse the relief of specific
performance. Such a conclusion reached is erroneous as the witnesses ... contract, whether the Lower Appellate Court is
right in refusing the relief of specific performance in favour of
the Appellant in respect of the Suit
than the terms the
performance of which has been prevented or waived by the defendant) is
barred from claiming specific performance. Therefore, even assuming
that ... terms the performance of which has been prevented or
waived by the plaintiff), there is a bar to specific performance in his
favour. Therefore
specific performance. This
was not taken note of by the Trial Court while passing the preliminary decree
for partition and specific performance. Even though Plaintiff ... paid or made by him, in case
his claim for specific performance is refused.
(2) No relief under clause (a) or clause
specific performance. This
was not taken note of by the Trial Court while passing the preliminary decree
for partition and specific performance. Even though Plaintiff ... paid or made by him, in case
his claim for specific performance is refused.
(2) No relief under clause (a) or clause
