exhaustive of all claims of specific
performance based on written contracts, the suit for specific
performance cannot be decreed for non-registration.
Thus ... certain provisions of Specific Relief Act
and Section 27 A deals with Specific performance in case of part
performance of contract of lease
specific performance under Chapter II of the Specific Relief Act 1877, or" has been omitted.
29. The result of this amendment is that, prior ... property could be enforced in a suit for specific performance of a contract, but after the amendment of Section 49 of the Registration
Registration
(Tamil Nadu Amendment) Act 2012 and held that entertaining a suit
for specific performance, the sale agreement must be a registered ... evidence in a suit for specific performance. When
such is the position of law, even after the amendment of the
Registration Act , the plaintiff
deed (Ex. 3) registered, they are precluded from seeking specific performance of contract under the Specific Relief Act . It may be noted that ... received as evidence of contract in a suit for specific performance. This amendment was necessitated on account of the dictum of the Privy Council taking
further submitted that
the relevant proforma of suit for specific performance as mentioned in item no. 48 in
the CPC requires the original document ... injunction in 1992 by an
amendment and then suit for specific performance by seeking amendment of the
original plaint, did not exhaust the remedy available
favour of the appellant; alternatively permission to file a suit for
specific performance of the agreement to sell dated 30 th September, 2002
against ... received
as evidence of a contract in a suit for specific performance, as
per amendment in State of Uttar Pradesh, to Section
proceedings under the Registration Act for sufficient grounds. The remedy for specific performance of course being an equitable remedy, the court may, if the party ... evidence of a contract in a suit for specific performance.
This provisohas beenintroducedby the "TransferofProperty(Amendment)Supplementary Act 1929 as a result
rights are created
between the parties. So such suit for specific performance under the
MOFA is not maintainable. The learned Counsel for the appellants
argued ... evidence in the suit for specific performance. The
objections of the appellant that if a suit for specific performance
based on the contract is filed
evidence of a
contract in a suit for specific performance
under Chapter II of the Specific Relief Act or
as evidence of any collateral transaction ... evidence of a contract in a suit for specific
performance under Chapter II of the Specific
Relief Act, 1877 (3 of 1877) , *** or as evidence
interest in land, is admissible for the purpose of obtaining specific performance of the contract, which is in effect the object of the present suit ... laches, a suit for specific performance is maintainable.
This decision also cannot be held to be correct after the amendment to section
