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
seeking claim of specific performance of the contract after it was breached, after the period of limitation had expired for specific performance ... injunction. After expiry of period of limitation, the amendment thus sought for the relief of specific performance which was ex facie barred by time
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
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
sell dated
05.08.2011, on the basis of which the suit for specific performance and
injunction is filed, being not registered under Section ... plaintiffs have filed this suit of specific performance and
injunction against the defendant on the averments that they had agreed
to purchase the suit premises
filing of a suit for specific performance or leading of such a contract
into evidence.
The Amendment Act also introduced a proviso to Section ... received as evidence of a contract in a suit
for specific performance under Chapter II of the
Specific Relief Act, 1877, or as evidence
contract in a suit for specific performance. This explanation was added by Section 2 of the Indian Registration (Amendment) Act, 1927. The explanation states that ... purchase money.
Therefore, the conclusion is irresistible that the suit for specific performance can be based on an unregistered agreement. Thus, a cumulative reading
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
