Court : Mumbai
Reported in : AIR1961Bom97; (1960)62BOMLR360; ILR1960Bom493
..... ground of defence or attack. but this principle would not apply if the raising of that issue was discretionary and not obligatory. the question oil relief under section 41 of the specific relief act was of course discretionary in the earlier suit, but where ther it was discretionary or obligatory it was in fact raised by the defendant in the earlier suit and became a matter directly ..... discretionary reliefs claimed. it is unnecessary to consider whether a discretionary relief will fall under explanation iv to see. 11, civil procedure code, which provides that any matter which might and ought ..... same transaction property is transferred and also a benefit is conferred in which case only section 35 applies.22. as regards the contention that the relief for the refund of rs. 2000/- claimed in the earlier suit was a discretionary relief under section 41 of the specific relief act it is urged that there tore the principle of res judicata cannot apply to issues arising from .....Tag this Judgment!
Court : Supreme Court of India
Reported in : (1976)IILLJ163SC
..... an injunction to the plaintiff/respondent in the peculiar facts and circumstances of the present case it is well settled that a relief under the specific relief act is purely discretionary and can be refused where the ends of justice do not require the relief to be granted. mr. ramamurthi, learned counsel for the plaintiff/respondent submitted that the question of discretion would arise only in ..... should have been exercised in favour of the respondent. it is manifestly clear from the authorities discussed above that the relief of declaration and injunction under the provisions of the specific relief act is purely discretionary and the plaintiff cannot claim it as of right. the relief has to be granted by the court according to sound legal principles and ex debit justitiae. the court has ..... be always avoided. 26. apart from these decisions it would appear that section 20(1) of the specific relief act clearly codifies this principle and be extracted as follows : 20. (1) the jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the court is not arbitrary .....Tag this Judgment!
Court : Rajasthan
..... and court is not bound to grant such relief merely because it is lawful to do so. but, the discretion of the court is not arbitrary but sound and reasonable ..... as follows:14. the next question is whether the courts below were justified in decreeing the suit for specific performance. section 20(1) of the specific relief act, 1963 provides that the jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such relief, merely because it is lawful to do so; but the discretion of the court is not arbitrary but ..... 20 of the specific relief act, 1963, discretion vests in the court for decreeing suit for specific performance. as per section 20, jurisdiction is left with the court that a decree for specific performance of agreement to sale the immovable property cannot be claimed as a matter of right. the jurisdiction to decree suit for specific performance under section 20 of the specific relief act is discretionary and not mandatory .....Tag this Judgment!
Court : Allahabad
Reported in : 2008(4)AWC3215
..... was not accepted by the two courts below.14. the last substantial question of law is regarding sections 14 and 20 of the specific relief act. the submission on behalf of the appellant is that the relief under the specific relief act is a discretionary one and since the plaintiff herself failed to call upon the defendant to perform his part of the contract or to deposit the ..... money in the court and get the sale deed executed and as agreed between the parties at the time of execution of the deed, she cannot be given any discretionary relief whatsoever. learned ..... therefore, it is not acceptable in a second appeal to entertain this argument while considering the substantial question of law raised in respect of sections 20 and 14 of the specific relief act.16. after hearing the arguments of respective counsels at length and going through the record and two impugned judgments, i proceed to decide four substantial questions of law raised in ..... of the appellant and may not be performed.d. whether the court below has committed a mistake in omitting to consider the provision of section 14 and section 20 of specific relief act and to consider that non-performance may be adequately compensated in terms of money and performance of contract will cause unforeseen hardship to the defendant.7. the submission of the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2001(5)ALD469; 2001(5)ALT235
..... costs of any proceedings under this section shall be in the discretion of the court. it is well settled that the exercise of power under section 28 of the specific relief act, 1963 is discretionary. in bisun prasad v. kamlakant, : air1972pat322 , it was observed that even if the trial court's order extending time after its expiry for making deposit under the decree for ..... deposited. it was also contended by the learned counsel for the respondent that the extension of time which can be granted by the court under section 28 of the specific relief act, 1963 is discretionary and hence under section 115 cpc such an order does not warrant any interference. further, the learned counsel for the respondent also had relied upon the decision reported in ..... had relied upon a decision reported in cheruku venkat rao v. balagangadar sharma, 1987 (2) aplj 114, and had submitted that the scope and object of section 28 of the specific relief act, 1963 had been well explained by the division bench of this court and the court below had totally ignored the decision rendered by the division bench. it is appropriate to ..... the above said parties the time was extended. consequently the present application ia no. 784 of 1985 in os no. 133 of 1973 was filed under section 28 of the specific relief act read with section 151 cpc praying rescinding of the contract on the ground. the said application was dismissed by any order dated 6-8-1993 and aggrieved by the same .....Tag this Judgment!
Court : Kerala
Reported in : AIR2003Ker191; 2003(1)KLT940
..... klt sn 31 - case no. 38). the following passage may be quoted therefrom:''relief of specific performance is not matter of right. as provided in section 20 of the specific relief act, it is a discretionary relief, though just like all other judicial discretions, the courts should not act arbitrarily or capriciously, but should act on sound and reasonable grounds guided by sound judicial principle and capable of being ..... corrected in appeal. courts are not bound to grant the relief merely because it is lawful to do so. ..... the defendant that the suit is barred by limitation as far as the prayer for specific performance is concerned. this point is found in favour of the plaintiffs.23. point no. 5:- grant of specific performance is a discretionary remedy. the court is not bound to grant specific performance of all agreements even if they are validly executed. compensation might be the proper ..... no.4:- ext. a1 is dated 26.11.1988 and the suit is filed only in 1996. article 54 of the schedule to the limitation act provides that the period of limitation for specific performance of a contract which is the main prayer in the present plaint would be 3 years from the date fixed for the performance or if no .....Tag this Judgment!
Court : Chennai
..... be left high and dry. learned counsel for the defendants submitted that it is true that section 20 of the specific relief act is a discretionary remedy that is not always necessary to grant a decree for specific relief if it appears to be inequitable and causes hardship to the other side. .."(f) (2005) 7 scc 534 ..... part of contract from the date of exs.a70 and a71 till filing the suit. (xi) it is true, as per section 16(c) of specific relief act, there is no necessity for jingling coins. but the appellants/plaintiffs must prove that they have a capacity to generate funds to meet out the payment ..... 1995 sc 945 (jugraj singh and another v. labh singh and others) in paragraph-3, it reads as follows:"3. section 16(c) of the specific relief act, 1963 provides that the plaintiff must plead and prove that he has always been ready and willing to perform his part of the essential terms of the ..... .."(g) 1998 ii mlj 423 (k.m.rajendran v. arul prakasam and another) in which, it reads as follows:"under sec.16(c) of the specific relief act, 1963 right from the date of execution till date of the decree, the plaintiff must prove that he is ready and has always been willing to perform ..... 7 conferred on the court does not enable it to override the statutory limitations contained in s.16 of the specific relief act, 1963 and s.54 of the limitation act, 1963 which preclude the grant of the relief of specific performance of a contract except within the period prescribed by the section. "(f) (1994) ii mlj 207 .....Tag this Judgment!
Court : Chennai
..... as barred by time; in either case, no question of equity arises."(b) 2005 (3) scc 342 : devalsab v. ibrahimsab f.karajagi:"specific relief act, 1963 section 20 exercise of discretionary power to grant relief equity agreement of sale of suit property first entered into by defendant 1 with plaintiff though plaintiff was ready and willing to perform his part of ..... have leased out to amman colours along with the first defendant. in those circumstances, while considering section 20 of the specific relief act, the discretionary relief has to be exercised without causing hardship to the party concerned. in this case, if the discretionary relief is not granted, the respondent-plaintiff will be prejudiced and his right will be curtailed. so, he is entitled ..... division bench of madras high court): safia banu v. asamadhunnisabi:"the import of the section (section 20 of the specific relief act) in the context of the case in hand, could be reduced into a nutshell that the specific relief is a discretionary relief of the court and the discretion should be exercised on sound principles of law and reasons, that there cannot ..... supra), learned counsel for the respondent/plaintiff submitted that section 20 of the specific relief act laid down the grant of relief of specific performance being discretion of the court and keeping in view the hardship which is likely to be caused to other party while exercising the discretionary power.41. considering the above decisions, in the present case, the respondent- .....Tag this Judgment!
Court : Delhi
..... accepted refund of rs.10,000/- by means of a cheqye and he had presented the same to this banker for collection. relief sought under section 34 of the specific relief act is a discretionary relief and to obtain this relief of specific performance of agreement to sell etc., plaintiff has to come to the court with clean hands. in the plaint initially filed by ..... facts of the present case are such that the relief for specific performance ought not to be granted. it is trite that grant of relief for specific performance is discretionary, and which is so categorically stated in section 20(1) of the specific relief act, 1963 which reads as under:- 20.(1) the jurisdiction to decree specific performance is discretionary, and the court is not bound to grant ..... such relief merely because it is lawful to do so; but the ..... considering that substantial acts necessarily will include substantial payment of the total sale consideration, and since even as per the best case of the appellant/plaintiff only a sum of rs.60,000/- has been paid under the agreement to sell out of the total consideration of rs.4,70,000/-, in my opinion, the discretionary relief for specific performance cannot be .....Tag this Judgment!
Court : Allahabad
Reported in : 2007(4)AWC3539
..... fide purchaser will be left high and dry. learned counsel for the defendants submitted that it is true that section 20 of the specific relief act is a discretionary remedy that is not always necessary to grant a decree for specific relief if it appears to be inequitable and causes hardship to the other side. but looking to the facts of the present case ..... of the provisions of section 21(2) of the specific relief act, the trial court had rightly compensated the plaintiff instead of decreeing ..... defendant no. 1 and, therefore, the plaintiff could not enforce the specific performance of the contract. sri qadeer further contended that in view of the provisions of section 20 of the specific relief act, the jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such relief merely because it is lawful to do so, and that in view ..... the benefit of section 41 of the transfer of property act.(e) whether the trial court was justified in refusing to grant the relief for specific performance as it was discretionary.11. sri m.a. qadeer, learned counsel for the appellant placed reliance upon section 19(b) of the specific relief act and contended that specific performance of a contract could be enforced against either of .....Tag this Judgment!