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    <title>2005 (5) TMI 679 - Supreme Court</title>
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    <description>Specific performance under Section 12(3) of the Specific Relief Act, 1963 may be granted to the extent a contract is capable of performance where the contracting party could bind only his own share in the property. The purchasers can obtain that limited decree only if they relinquish the unperformed part of the bargain and any claim to compensation, and that relinquishment may be made at any stage, including on appeal, by statement at the Bar or by amendment of the plaint. The earlier precedent cited was distinguished on its facts, and the equitable relief was upheld for the appellant&#039;s share alone.</description>
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    <pubDate>Tue, 03 May 2005 00:00:00 +0530</pubDate>
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      <title>2005 (5) TMI 679 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=283927</link>
      <description>Specific performance under Section 12(3) of the Specific Relief Act, 1963 may be granted to the extent a contract is capable of performance where the contracting party could bind only his own share in the property. The purchasers can obtain that limited decree only if they relinquish the unperformed part of the bargain and any claim to compensation, and that relinquishment may be made at any stage, including on appeal, by statement at the Bar or by amendment of the plaint. The earlier precedent cited was distinguished on its facts, and the equitable relief was upheld for the appellant&#039;s share alone.</description>
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