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
Property Act, 1882. In the present case, the suit is for specific
performance and not for protecting possession under Section ... made basis to file a suit for specific performance of the agreement to sell
post the amendment. Hence, the argument of learned counsel
that for mandatory
injunction to that for specific performance of the Agreement to Sell. The
said amendment was opposed by the defendants inter ... alia on the ground that
the relief for specific performance on the date of seeking the amendment
was barred by time. This Bench however without
evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief ... received as evidence in a suit for specific performance instituted under Chapter II of Specific Relief Act, 1963 ;
(ii) Section 53-A of Transfer
Section 53A of the Transfer of
Property Act. Instead, she wants specific performance of these very
agreements, as according to her, the respondent ... 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
evidence of a contract in a suit for
specific performance under Chapter II of the Specific Relief ... suit for specific performance can be instituted
only under Chapter II of Specific Performance Act, 1963 and if a suit
for specific performance is instituted
sale agreement can be received as evidence in
the suit for specific performance; as per Proviso to Section 49 of the
Registration Act, the unregistered ... suit for specific performance is maintainable and is not
barred even though the contract is not registered. The said
amendment will apply only to claim
sale agreement can be received as evidence in
the suit for specific performance; as per Proviso to Section 49 of the
Registration Act, the unregistered ... suit for specific performance is maintainable and is not
barred even though the contract is not registered. The said
amendment will apply only to claim
months, the agreement to sell stands cancelled and no suit for specific
performance thereof can be legally sustained.
8. The defendant has not denied ... 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
