Court : Delhi
..... relief. this court in its wisdom thought appropriate, at that point of time, when the order was passed that the stand of the ..... , accordingly, passed a direction, in this regard. this order cs(os) no.2265/2010 page 4 of 6 was passed keeping in view the fact that the grant of specific performance being a discretionary relief, it is not necessary that in each and every case, a restraint order deserves to be passed against the property de hors the legal position, which would have ..... the order may come in his way while seeking a restraint order qua the property and press for his relief of specific performance.7. i have carefully considered the rival contentions. there is no denial of the fact that by virtue of section 20 of the specific relief act, the grant of specific performance in respect of an agreement to sell an immovable property is a discretionary ..... , that after hearing the learned counsel for the parties, this court passed an order that since the plaintiffs have claimed an alternative relief of refund of rs.15 lakhs given to the defendants and the grant of specific performance was a discretionary relief, therefore, the interest of the plaintiffs will be fully protected in case the defendants are directed to the deposit a sum .....Tag this Judgment!
Court : Punjab and Haryana
..... below on issue no.3 cannot be found faulted with. at this stage, it may further be noticed that under section 20 of the specific relief act, grant of specific performance is a discretionary relief and the court is not bound to grant such relief merely because it is lawful to do so. the only requirement of law, of course, is that the said discretion should not be ..... counsel for the appellants, the following substantial question of law arises in this appeal: whether the courts below while refusing to grant the relief of specific performance of agreement to sell in question have exercised its discretionary powers under section 20 of the specific relief act, arbitrarily and illegally?. . however, it may be seen that the last date for execution of the sale deed was fixed ..... guided by judicial principles. in the facts and circumstances of the case, counsel for the appellants could not argue that the discretion used by the courts below while not grating relief of specific performance of the agreement to sell in question is arbitrary in any manner. no other point has been argued. thus, no substantial question of law, as raised in this ..... of 2013 (o&m) 2 counsel for the appellants has vehemently argued that once execution of the agreement in question stood proved then they should have not been denied the relief of specific performance of the agreement to sell. counsel for the appellants has relied upon the judgment of this court reported as abhey singh and others versus ramesh kumar & others 2009 .....Tag this Judgment!
Court : Supreme Court of India
..... whether discretion is to be exercised in favour of the respondents-plaintiffs.12. under section 20 of the specific relief act, grant of specific performance of contract is discretionary. though the decree for specific performance is discretionary, yet the court is not bound to grant such a relief merely because it is lawful to do so. but the discretion of the court is not arbitrary, ..... .15. considering the totality and the facts and circumstances, in our view, it is not appropriate to grant discretionary relief of specific performance to the respondents-plaintiffs for more than one reason. admittedly, suit property is the only property of the appellant-defendant and the appellant is said to have ..... first agreement was executed on 30.9.1987 i.e. twenty seven years ago. in view of passage of time and escalation of value of the property, grant of specific relief of performance would give an unfair advantage to the respondents-plaintiffs whereas the performance of the contract would involve great hardship to the appellant-defendant and his family members ..... special leave petition, the appellant seeks to assail the dismissal of the second appeal contending that after a lapse of long period, it would be inequitable to grant discretionary relief of specific performance and that delay caused serious hardship to him. learned counsel for the appellant contended that the first appellate court and the high court ought to have considered .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR2006Raj8; RLW2005(4)Raj2749; 2005(4)WLC150
..... of deenanath v. chunni lal reported in wherein this court relying on the provisions of law as contained in section 20 of the specific relief act held that it is discretion of the court to grant or not to grant specific relief but mere delay extending upto the period of limitation cannot be a possible reason for a court to exercise its discretion of giving a ..... plaintiff did whatever, he was required to do and therefore, the delay would not be of any consequence which would induce a court to refuse in its discretion a relief for grant of specific relief.14. learned counsel further relied on a case decided by the hon'ble supreme court in the matter of ramesh chandra chandiok and anr. v. chunni lal sabharwal ..... his part of the contract and therefore, the learned counsel for the respondent urged that the specific performance has not been rightly granted in favour of the plaintiff.22. learned counsel for the defendant further urged that in terms of section 20 of the specific relief act, grant of specific performance is the discretion of the court. the discretion has been exercised against the appellant by ..... the two courts below. in a special appeal, this is the third chance and therefore, grant of discretionary relief should not be made in favour of the plaintiff. the learned counsel .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1932Cal493
..... in this case ought not to be permitted to obtain a decree for specific relief. under section 22, specific belief act the granting of such relief is discretionary, and i am of opinion that the facts and circumstances which have been proved afford ample justification for the refusal to grant relief in the exercise of that discretion.12. the third ground mentioned above furnishes ..... an additional reason for refusal inasmuch as the grant of the relief sought for would involve ..... under consideration. the english doctrine of delay and laches showing negligence in seeking relief in a court of equity cannot; be imported into the indian law in view of article 113, limitation act, which fixes a period of three years within which a suit for specific performance should be brought. except in mercantile and business contracts, time is not ..... particular case, specific performance should be granted. though time may not be essential, delay even within the time prescribed by law will affect the remedy. absence of proof 'of plaintiff's readiness and earnestness to perform his portion of the contract will entitle the court to exorcise its discretion under section 22, specific belief act, and re-fuse relief to the .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1971Kant217; AIR1971Mys217; (1971)1MysLJ245
..... case to bring it within the scope of section 22 of the specific relief act, so as to deny the plaintiff the relief of specific performance. the learned judge while dealing with this aspect of the matter says; if there is delay with other circumstance it should be unfair for the defendant to grant relief on the basis of the contract. the learned judge has totally ..... further, another argument advanced by the respondent's counsel may be adverted to. he refers to section 22, clause (2) of tie specific relief act and illustrations (h) and (j). section ..... ?) also invited my attention to the decision to the case in skinner v. skinner, air 1930 lah 1004 in which it is observed:'as provided by section 22, specific relief act, the grant of specific performance is discretionary with the courts. where the trial court has exercised this discretion, appellate court will interfere only if it is shown that this discretion has been exercised ..... misconceived the scope or section 22 of the act. before dealing with this question .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1999KAR2539; 2000(4)KarLJ187
..... view of the steep rise in the price as on today. as observed by us, no doubt, under section 20 of the specific relief act grant of specific performance is a discretionary relief. but, the ordinary rule is that specific performance should be granted and it can be denied only when equitable considerations point out its refusal. as held in the parakunnan's case and vidyanadam's ..... in the case of parakunnan veetill joseph's son mathew v nedumbara kuruvila's son and others , to contend that section 20 of the specific relief act reserves judicial discretion to courts to decree the suit for specific performance and the courts have to consider the circumstances while exercising such discretion. placing reliance on these pronouncements learned counsel contended that even if ..... 10. whether by virtue of the said agreement defendants 2 and 4 had a prior right to purchase the suit property as alleged? 11. whether plaintiff is entitled to the relief of specific performance? 12. whether, alternatively, the plaintiff is entitled to the refund of the advance amount of rs. 10,000/-, interest on which and compensation or damages for breach ..... prakash chandra v angadlal and others, wherein it is observed thus:'the ordinary rule is that specific performance should be granted. it ought to be denied only when equitable considerations point to its refusal and the circumstances show that damages would constitute an adequate relief.23. on the other hand, learned counsel for defendants 2 to 4/respondents 2 to 4 .....Tag this Judgment!
Court : Chennai
Reported in : (1999)2MLJ404
..... above, are only feasible, subject to the clarifications, the cross-objection filed by the 7th respondent is also dismissed, since they are of the nature that no relief could be granted specifically and the relief already granted is only a combination of certain points raised in the cross objection.36. in result, the above appeal suit as well as the cross-objection preferred by the ..... about the agreement in his favour. (10) the lower court erred in holding that section 12 of the specific relief act barred the grant of specific relief in case, where the property is not divisible among its joint owners and that consequently the plaintiff was estopped from claiming specific relief. (11) the lower court ought to have drawn an adverse inference against the 7th defendant from his own ..... : (1977)2mlj431 would be cited, whereunder the four elements that are to be proved to successfully claim the benefit of the exception, as laid under section 19(b) of the specific relief act are given as(1) that the transfer is for value:(2) that the consideration has been paid;(3) that the subsequent transferee has taken the transfer in good faith;(4 ..... counsel for the appellant to stress the point that the transferee should have paid the entire amount to the transferors to claim the protection under section 27(b) of the specific relief act. it is a proposition that has been adduced in order to ward off the doubt that the seller having entered into an agreement in order to defeat the rightful claim .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1993Cal203,(1993)1CALLT226(HC),1993(2)CHN179,97CWN578,II(1993)DMC74
..... , in : 3scr662 and in : 171itr254(sc) , relied upon by mr. mukherjee in support of his contention that the hindu marriage act has completely ousted the jurisdiction of the civil court to grant a declaratory decree under the specific relief act, in my view are not at all applicable in the instant case. all the aforesaid decisions relate to circumstances when the jurisdiction of ..... the same does not impliedly or expressly exclude the jurisdiction of the civil court under s. 9 of the civil p.c. to grant a declaratory decree under the specific relief act.24. in the result, the application is allowed. the impugned appellate order dt. 7th oct., 1985 passed by the learned district judge, hooghly in misc. appeal no. 1 of 1985 ..... marriage relating to matrimonial status before the civil court under the provisions of the specific relief act. mr. mukherjee submitted that hindu marriage act being a special statute excludes the jurisdiction of the civil court for grant of relief relating to matrimonial status except in the manner provided for under hindu marriage act.9. mr. seth in support of his contention that the plaintiff in his aforesaid .....Tag this Judgment!
Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... . therefore, while granting such relief, the forum exceeded its jurisdiction. a useful reference on the point can be made to the decision of national consumer ..... only exercise the jurisdiction vested in it by the consumer protection act, 1986 (hereinafter referred as ??the act). relief which could be granted as a part of removal of deficiency in service is spelled out under sec.14 of the act. therefore, general reliefs more particularly relief to give directions ??to do or to desist ? or in ..... a nature of declaration affecting the transaction (as done in the instant case), the forum was not empowered to give the directions and declare the transactions with opponents farida and dimple were null and void and not binding upon the complainant. these reliefs could granted under specific relief act ..... , 1963, but not under the act .....Tag this Judgment!