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    Jump To Page You Are On Page 4of 32 Search Inside Document: Judgmentonsuit Forspecificperformanceof Contract

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    This document discusses suits for specific performance of contracts. It notes that specific performance is an equitable remedy that compels a party to perform their obligations under a contract if they breach it. To obtain an order for specific performance, the plaintiff must prove they performed or were always ready and willing to perform the essential terms of the contract, except for terms whose performance was prevented or waived by the defendant. Most specific performance suits in India relate to the sale of immovable property or transfer of shares. As it is an equitable remedy, courts will consider factors like the conduct of the parties, hardship, and availability of other relief when deciding whether to order specific performance.

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    Jump To Page You Are On Page 4of 32 Search Inside Document: Judgmentonsuit Forspecificperformanceof Contract

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    This document discusses suits for specific performance of contracts. It notes that specific performance is an equitable remedy that compels a party to perform their obligations under a contract if they breach it. To obtain an order for specific performance, the plaintiff must prove they performed or were always ready and willing to perform the essential terms of the contract, except for terms whose performance was prevented or waived by the defendant. Most specific performance suits in India relate to the sale of immovable property or transfer of shares. As it is an equitable remedy, courts will consider factors like the conduct of the parties, hardship, and availability of other relief when deciding whether to order specific performance.

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    This document discusses suits for specific performance of contracts. It notes that specific performance is an equitable remedy that compels a party to perform their obligations under a contract if they breach it. To obtain an order for specific performance, the plaintiff must prove they performed or were always ready and willing to perform the essential terms of the contract, except for terms whose performance was prevented or waived by the defendant. Most specific performance suits in India relate to the sale of immovable property or transfer of shares. As it is an equitable remedy, courts will consider factors like the conduct of the parties, hardship, and availability of other relief when deciding whether to order specific performance.

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    Jump To Page You Are On Page 4of 32 Search Inside Document: Judgmentonsuit Forspecificperformanceof Contract

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    pk
    This document discusses suits for specific performance of contracts. It notes that specific performance is an equitable remedy that compels a party to perform their obligations under a contract if they breach it. To obtain an order for specific performance, the plaintiff must prove they performed or were always ready and willing to perform the essential terms of the contract, except for terms whose performance was prevented or waived by the defendant. Most specific performance suits in India relate to the sale of immovable property or transfer of shares. As it is an equitable remedy, courts will consider factors like the conduct of the parties, hardship, and availability of other relief when deciding whether to order specific performance.

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    BYA.P.RANDHIR
    JUDGMENTONSUIT FORSPECIFICPERFORMANCEOF CONTRACT
    By : A P RANDHIR(B. com, LL.B, LL.M, D.L.P)

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    BYA.P.RANDHIR
    TABLE
    1. Suit For Specific Performance Of Contract2. Elements That Are Involved In A
    Suit For Specific PerformanceOf Suit:-2. 2. Unregistered Agreement Of Sale :-2. 2.
    Unregistered Agreement Of Sale :-3. Conduct Of The Parties:-4. Readiness
    And Willingness:-5. Time Is Essence Of Contract:-6. Adding Parties In Specific
    Performance Suit:-7. Essential Elements To Constitute ‘Lis Pendens’:-8. Readiness
    And Willingness9. Limitation Act, Article 54. (Suit For Specific Performance)10.
    Specific Relief Act, Section 20(C)11. Evidence Act Section 68 And Specific Relief Act
    Sec.10.
    12. Specific Relief Act Section 10 And Registration Act, Sec.49.13. Transfer Of Property
    Act, Section 53-A14.Essence Of Contract Relating To Immovable Property

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    BYA.P.RANDHIR
    1. Suit For Specific Performance of Contract
    Specific performance is a remedy developed by principle of equity.A party to
    a contract who is damaged because the contract is breached b y a n o t h e r
    party has the option to file a suit for specific performancecompelling
    t o p e r f o r m h i s p a r t o f c o n t r a c t . B e f o r e a n e q u i t y c o u r t w i l l compel
    specific performance, however, the contract must be one whichcan be
    specifically performed. Section 16 (c) of the Act envisages that plaintiff must
    plead and prove that he had performed or has always beenready and willing to perform
    the essential terms of the contract which aret o b e p e r f o r m e d b y h i m , o t h e r
    than those terms the performance
    o f which has been prevented or waived by the defendant. In our country,m o s t o f
    the specific performance suits relate to sales of
    i m m o v a b l e properties and to some extent, transfer of shares. As the law of
    specificp e r f o r m a n c e i s b a s i c a l l y f o u n d e d o n e q u i t y , c o n s i d e r a t i o n s s u
    c h a s conduct of the plaintiff, the element of hardship that may be caused
    toone of the parties, the availability of adequate alternative relief and suchother matters
    are taken into consideration. It is a discretionary relief.
    2.:-

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    BYA.P.RANDHIR

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