rejecting the argument for denying specific
performance is that the respondent/plaintiff in her suit only claimed for
specific performance ... only for specific performance and which suit either
would have been dismissed for specific performance or granted for specific
performance, however, I am very much
specific performance
lies in the discretion of the court and it is also well settled
that it is not always necessary to grant specific
performance ... underlining added)
15. Therefore, exercise of discretion whether to grant or refuse specific
performance is a judicial discretion which depends on the facts of each
reads as
under:-
20. Discretion as to decreeing specific
performance.-
(1) The jurisdiction to decree specific performance is
discretionary, and the court is not bound ... contained under
Section 20 of the Specific Relief Act, specific performance can also
otherwise be refused, but that would not mean that the reasons
Specific Relief Act, 1963. Some of the instances of
the Court being entitled to refuse the discretion of specific performance, are
contained in Section ... instead of ordering
specific performance which would be unrealistic and
unfair. Under these circumstances, we hold that the
decree for specific performance is inequitable
under:-
"20. Discretion as to decreeing specific performance.-
(1) The jurisdiction to decree specific performance is
discretionary, and the court is not bound ... voidable, makes it inequitable to enforce specific
performance.
(3) The court may properly exercise discretion to decree
specific performance in any case where the plaintiff
reads as under:-
20. Discretion as to decreeing specific performance.-
(1) The jurisdiction to decree specific performance is
discretionary, and the court is not bound ... voidable, makes it inequitable to enforce
specific performance.
(3) The court may properly exercise discretion to decree
specific performance in any case where the plaintiff
decreeing specific performance.-
CS (OS) No. 1261/1995 Page 26 of 39
(1) The jurisdiction to decree specific performance is discretionary,
and the court ... voidable,
makes it inequitable to enforce specific performance.
(3) The court may properly exercise discretion to decree specific
performance in any case where the plaintiff
reads as under:-
20. Discretion as to decreeing specific performance.-
(1) The jurisdiction to decree specific performance is discretionary,
and the court is not bound ... voidable,
makes it inequitable to enforce specific performance.
(3) The court may properly exercise discretion to decree
specific performance in any case where the plaintiff
M/S Shri Neelpadmaya Consumer Products ... vs Sh. Satyabir @ Satbir And Ors. on 3 February
reads as under:-
20. Discretion as to decreeing specific performance.-
(1) The jurisdiction to decree specific performance is discretionary,
and the court is not bound ... voidable,
makes it inequitable to enforce specific performance.
(3) The court may properly exercise discretion to decree specific
performance in any case where the plaintiff
