As stated above, the Court of First Instance has a wide discretion as to the obligation to order a particular service. In exercising this discretion, he takes into account factors such as: Example: Rina offers to buy Beth`s house and Beth agrees, but later decides to keep the property. Real estate is considered unique. As there is no land or house other than Beth`s, Rina may be entitled to some performance of the contract. Beth would be forced to go on sale. The Supreme Court has ruled that, in accordance with the provisions of section 19(a) and (b) of the Specific Relief Act, 1963, the specific performance of a contract may be imposed on any party and any person who has asserted under it a title resulting from the contract, with the exception of a valuable buyer who has paid his money in good faith and without notice of the original contract. The order of specific benefits is generally not granted when one of the following applies: in India, most specific actions relate to the sale of real estate and, to some extent, the transfer of shares. In the case of a complaint for a particular benefit, the applicant must apply to the court with clean hands. From the date of execution to the date of the decree, he must prove that he is ready and that he has always been willing to fulfill his part of the contract. The General Court should conclude that conclusion, taking into account the applicant`s conduct before and after the action was lodged.
The intention to make time the nature of the treaty must be expressed in plain language. «When selling real estate, time is never considered a contractual core. The assumption is that time is the essence of the treaty. Under the law of equity that governs the rights of the parties to the concrete execution of the contract for the sale of immovable property, the law does not consider the letter, but the content of the agreement. To the extent that a given date is mentioned in the contracting parties` conditions, it is necessary to examine whether the parties intend to conclude the transaction within a reasonable time. The expression of making time the essence of the treaty must be expressed in plain language. `As regards the point of limitation, the appeal for certain benefits must be brought within a reasonable time, depending on the facts and circumstances of each case. No straitjacket formula can be defined under this name. However, if the intention of the parties is to exclude this solution, they may do so by expressly mentioning the contract.
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