Specific Relief Act, 1963, Section 20 -- Alternative relief of damages - Plea that as plaintiff himself claimed alternative relief of damages Court instead of ordering specific performance of agreement should order for damages - Not tenable as plaintiff lost no time in approaching Court, duly proved execution of agreement of sale and payment of earnest money whereas vendor..........
Specific Relief Act, 1963, Section 20 -- Alternative relief of damages - A lawful agreement being proved and judicial conscience of Court being satisfied - Equity demands enforcement of agreement rather than granting alternative relief of damages - Time taken by Courts in deciding suit or appeals - Cannot be permitted to work to the disadvantage of party to lis -..........
Specific Relief Act, 1963, Section 20 -- Guiding principle - To avoid resultant hardship to one party while avoiding undue gain to the other by mere lapse of time attributable to erring party - Where a contract is proved in accordance with law and party has acted without undue delay and has pursued its remedy in accordance with law without infringing settled canon of..........
Specific Relief Act, 1963, Section 20 -- Exception to rule of grant of relief of specific performance and not a rule by itself - Inadequacy of consideration - Cannot be considered in view of proviso as unfair advantage or hardship within meaning of clause (a) or (b) of sub-section (2) of Section 20 - Party who first fails to perform its part of agreement and later contests..........
Civil Procedure Code, 1908, Section 148, 151, Order 20, Rule 12A, Specific Relief Act, 1963, Section 28 -- Extension of time for deposit of money in a decree for specific performance - No condition imposed in the decree that rights under the decree would stand forfeited in the event of default - Concept of automatic forfeiture of right accrued to the decree-holder under..........
Specific Relief Act, 1963, Section 20(2) -- Agreement to sell - Compensation in lieu of performance - Where compensation is adequate relief, Court may refuse to grant decree of specific performance - It is for party seeking rescinding of contract to aver and prove that he is willing and ready to refund advance and pay compensation in lieu of specific performance - Where..........
Specific Relief Act, 1963, Section 20, 21, 22 -- Specific performance of agreement of mortgage with possession of suit property - Not proper after a lapse of more than 25 years to direct defendant to execute usufructuary mortgage in favour of plaintiff - Decree for specific performance declined - Defendant retained money and enjoyed fruits of that amount - Plaintiff..........
Specific Relief Act, Section 20 -- Rise in price of property during pendency of suit - Not the sole consideration for refusing grant of decree for specific performance - No fact or circumstance placed on record or proved on the basis of which it can be said that decree for specific performance would be unrealistic or inequitable - Decree for specific performance cannot be..........
Specific Relief Act, Section 16,20 -- Time is never regarded as essence of contract in case of sale of immovable property - Presumption that stipulation as to time not of essence of contract - Fixation of period within which contract to be performed - Does not make stipulation as to time essence of contract nor default clause by itself evidences intention to make time of..........
Specific Relief Act, 1963, Section 20 -- Principles contained in clauses (a), (b) and (c) of sub-section (2) of Section 20 not exhaustive - Court's discretion to decline grant of specific performance not confined to them - Special cases when good and reasonable ground for not exercising this discretion - Court will not hesitate to exercise that discretion against the..........
