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
portion of it and whether relief of specific performance be refused in such a case to that person claiming earlier right over the property ... hence, the first Appellate Court was wrong in holding otherwise and refusing specific performance granted by the Trial Court. On the other hand, the learned
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
main or
primary relief of specific performance of the
contract. The plaintiff primarily wants the
relief of specific performance of contract and
pleads that ... 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
amount by one party to
the other while granting or refusing decree of
specific performance. Whether the purchaser shall
be directed to pay an additional ... states:
"Severe hardship may be a ground for
refusing specific performance even though it
results from circumstances which arise after the
conclusion
specific performance in
any case where the plaintiff has done
substantial acts or suffered losses in
consequence of a contract capable of specific
performance ... 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
suit for
specific performance of contract for sale, the law
insists a condition precedent to the grant of
decree for specific performance: that the plaintiff ... decree for
specific performance. Rise in price is a normal
change of circumstances and, therefore, on that
ground a decree for specific performance cannot
possibility of there being no
specific performance. Therefore, this becomes relevant
while considering whether specific performance alone
should be the relief or not since ... decree of specific performance.
33
27. The law is also well settled that though the
ordinary rule would be grant of specific performance
must interfere with the
discretion exercised by the civil Court in refusing
specific performance of the sale agreement and
directing refund of the advance consideration ... sound prepositions. One of the
circumstances in which the Courts may refuse specific
performance is when there could an unfair advantage to the
plaintiff
consideration as a
ground for refusing specific performance are not easy to
reconcile. Specific performance may be refused where
inadequacy of consideration is coupled with ... specific performance may also be
refused where the cost of performance to the
defendant is wholly out of proportion to the
benefit which performance will
