Indian Kanoon - Search engine for Indian Law

The Claimant has sought the reliefs of mandatory injunctions directing (i) the Respondent to transfer the shop in his favour and (ii) to handover the possession of the shop to him. Though both these reliefs are available within the relief of specific performance, but there is no impediment in grant of these reliefs as well. In view of my findings on issue nos. 1, 2 and 3, the Claimant is entitled to seek both these reliefs of mandatory injunctions against the Respondent. The issue is accordingly decided in favour of the Claimant and against the Respondent.

The Claimant has sought the reliefs of mandatory injunctions directing (i) the Respondent to transfer the shop in his favour and (ii) to handover the possession of the shop to him. Though both these reliefs are available within the relief of specific performance, but there is no impediment in grant of these reliefs as well. In view of my findings on issue nos. 1, 2 and 3, the Claimant is entitled to seek both these reliefs of mandatory injunctions against the Respondent. The issue is accordingly decided in favour of the Claimant and against the Respondent.