Need citation - specific relief act - anti - sec 20
Guest
(Querist) 15 September 2011
This query is : Resolved
need citation which clearly says that
Suit for specific performance is to be decreed, if agreement to sell has been proved in the court
OR
suit for specific performance is always to be decreed
OR
Courts have no discretionary power to refuse relief where plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance.
OR
Where suits for specific performance had been decreed.
Thanks
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DEFINITION:-
Section 20 in The Specific Relief Act, 1963
20. Discretion as to decreeing specific performance.-
(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
arbitary but sound and reasonable, guided by judicial principles and capable of correction by a court of appeal.
(2) The following are cases in which the court may properly exercise discretion not to decree specific performance-
(a) where the terms of the contract or the conduct of the parties at the time of entering into the contract or the other circumstances under which the contract was entered into are such that the contract, though not voidable, gives the plaintiff an unfair advantage over the defendant; or
(b) where the performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non- performance would involve no such hardship on the plaintiff;
(c) where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance.
Explanation 1.- Mere inadequacy of consideration, or the mere fact that the contract is onerous to the defendant or improvident in its nature, shall not be deemed to constitute an unfair advantage within the meaning of clause (a) or hardship within the meaning of clause (b).
Explanation 2.- The question whether the performance of a contract would involve hardship on the defendant within the meaning of clause (b) shall, except in cases where the hardship has resulted from any act of the plaintiff subsequent to the contract, be determined with reference to the circumstances existing at the time of the contract.
(3) The court may properly exercise discretion to decree specific performance in any case where the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance.
(4) The court shall not refuse to any party specific performance of a contract merely on the ground that the contract is not enforceable at the instance of the other party.
M/s. Y-not legal services
(Expert) 16 September 2011
Don't try to be smart.. Just post the facts of your case.. Then you can arise your questions for clear your self. EACH AND EVERY SUITS WILL BE DECREED. But in favour to whom? Thats only the issue.. Ok?
prabhakar singh
(Expert) 16 September 2011
Expert : tom.advocate is right.It seems he knows you.
Guest
(Expert) 16 September 2011
Please be specific about your real problem for which you want solution. You need not reproduce the any section of any act in verbatim.
Shastri J.K.
(Expert) 16 September 2011
I think you have not any problem. you are a problem.
girish shringi
(Expert) 17 September 2011
Experts opinion is appreciated.
