A person may be doing his work diligently but seems to be wrong in future. The following are cases in which the Court may properly exercise a discretion not to decree specific performance:- I. Where an instrument is evidence of different rights or different obligations, the court may in a proper case cancel it in part and allow it to stand for the residue. Courts were not bound to grant specific relief merely because it was lawful to do so. Bar of suit for breach after dismissal. Specific relief how given 5. Whether time is of essence is a question of fact and the real test is intention of the parties.
Discretion of Court as to declaration of status or right. Chapter V Of the Cancellation of Instruments 39. Later on A refuses to perform contract. This forces an aggrieved party to get the contract completed by obtaining substitute performance from another person, and claim his loss, if he suffers any, from the contract-breaker. Copy of decree to Registration Officer: In case the cancelled instrument was got registered, Court also sends a copy of decree to the officer concerned for the endorsement in books for its cancellation. Court could not validly draw inference about incapacity of plaintiff to pay balance consideration to defendant and refuse specific performance sought by plaintiff.
Introduction The Specific Relief Act, 1963 the Principal Act was enacted to define and amend law relating to certain kinds of specific reliefs. B may sue for an injunction to restrain them from so doing. A contracts to sell certain land to B. It being discretionary remedy, the High Court has exercised sound judicial discretion to negate the relief of specific performance of the contract. Serious injury: Plaintiff has reasonably apprehended the serious injury from the instrument being left outstanding. Further, being able to avail Substituted Performance allows the aggrieved party to be restored to the position it would have been in had the breach not occurred, which may be the most effective alternative available in the event of a breach. The articles are of too special a character to bear an ascertainable market value.
A fails to perform contract. The High Court has pointed that he has not expressly pleaded this in the written statement. It is thus clear that an averment of readiness and willingness in the plaint is not a mathematical formula which should only be in specific words. Recovery of specific immovable property. To cancel a document means the removal of written character of a record.
Failure to state and prove this fact gives power, to the Court to dismiss suit. Defective character: Where character of person is defective by way of fraud, negligence, void-able contract, and he remains unable to recover compensation due to his own fault. The Court, on finding it clearly proved that the parties always intended that this annuity should be paid as a provision for B and her children, may rectify the settlement and decree that the assignee has no right to any part of the annuity. Illustrations a A bequeaths land to B for his life, with remainder to C. Because of failure to obtain permission of Additional custodian to effect transfer, execution of decree for specific performance by execution of sale deed was held not permissible. It must be specifically pleaded and issue raised so that the other party has a right to lead evidence.
In these circumstances, in any case, a decree for specific performance cannot be granted as it would be unfair and unreasonable to do so. There was no fresh cause of action sought to be introduced by the amendment and hence, no question of causing an injustice to the respondent on that account arose. An instrument is a result of negotiations. A contract for the sale or letting of property, whether movable or immovable, cannot be specifically enforced in favour of a vendor or lessor-- a who, knowing himself not to have any title to the property, has contracted to sell or let the same; b who, though he entered into the contract believing that he had a good title to the property; cannot, at the time fixed by the parties or by the court for the completion of the sale or letting, give the purchaser or lessee a title free from reasonable doubt; or c who, previous to entering into the contract, has made a settlement though not founded on any valuable consideration of the subject matter of the contract. A lays down that any person against whom a written instrument is void or voidable, who has reasonable apprehension that such instrument, if left outsanding, may cause him serious injury , may sue to have it adjudged void or voidable;and the court may , in its decretion, so adjudged it , and order it to be delivered up and cancelled.
The clauses of renewal requiring fixation of terms and conditions for renewed period of lease mutually or in the alternative through village Mukhia and Panchas are uncertain and incapable of specific performance. For example, money in banks and other forms of investment are contractually bound. Hiring of Experts The amended Act inserts a new provision Section 14A of the Act for engaging technical experts in suits where expert opinion may be needed. Therefore, on the general principle of law laid down in these cases it has to be held in the present case that the time for the performance was not the essence of the contract and it could be performed in a reasonable time. Contracts not specifically enforceable Discretion of the Court 21. In any case, whether the provisions of the Arbitration and Conciliation Amendment Act, 2015 would apply to Section 34 application which were pending as on 23.
Thus in our considered opinion the said two circumstances taken together, is too weak a filament to stand even to build an image of readiness and willingness. That section carried the following illustrations : Illustration as to clause a — A, proceeding to Europe, leaves his furniture in charge of B, as his agent during his absence. Providing remedy of substituted performance in section 20 can lead to confusion because section 20 of the existing Act of 1963 that provided for discretion in grant of specific performance will continue to apply to pending matters. Explanation--For the purpose of this section a trade-mark is property. Grant of injunction in suit for permanent injunction: Although there is no time limit prescribed in the agreement for performance of the contract, in the written statement filed by the first defendant, he denies the liability to execute the sale deed in favour of the plaintiff herein.