Suit For Specific Performance Of Development Agreement

While they refuse to exercise their jurisdiction, the courts are not prevented from taking into account subsequent events. It is not because the applicant`s respondents are willing and willing to fulfil their part of the contract and even if it is considered that the defendant was not entirely vigilant in protecting his rights before the competent authority under the 1976 Act that a decree on the actual performance of the contract would automatically be issued. The decisions of a competent authority must also be taken into account in determining whether or not discretion should be exercised. Whereas, in the event of the adoption of a decree relating to the specific performance of the contract, the Court of First Instance is empowered to order that it be subject to the sanction of the authority concerned. . . .