Section 53A of Act and now
by proposed amendment, the amendment sought is for
specific performance of agreement of sale of the year ... suit for declaration and
injunction to one of specific performance, when claim for
specific performance had become barred by limitation, is
impermissible. Paragraphs
declaration and injunction only and there was no prayer for specific performance of the contract ... attempt was made to include the prayer for amendment in the plaint, for specific performance of the contract, but the prayer for amendment was rejected
relief of specific
performance in the suit which it filed when it had
cause of action to sue for specific performance as
relinquishment of that ... this case, the inclusion of the
plea of specific performance by way of amendment
virtually alters the character of the suit, and its
pecuniary jurisdiction
specific
performance of agreement of sale had been rejected and a
finding had been recorded that the relief for specific
performance had already become time ... respondent No. 1 in the earlier suit for amendment
seeking relief of specific performance of the agreement on the
ground of limitation and their plea
when an action for specific performance would still have been in time, and that the amendment of August 3, 1925, by which date the defendant ... suing for specific performance obtain a title which will protect him from ejectment, But if it is no longer enforceable, its part performance will
right vested with the
plaintiff to get a decree for specific performance of the
agreement dated 05.11.1990. The said sale deeds are void
abinitio. They ... plaintiff sought for
a decree for specific performance of the agreement dated
05.11.1990. Subsequently, by way of an amendment of the
prayer column, he sought
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
sought an amendment and
prayed that the suit be decreed for specific
::: Downloaded on - 09/06/2013 14:58:27 :::
3
performance of the agreement ... would start from the date of the amendment. He
points out that the claim for specific performance
of the contract had not been raised within
sought an amendment and
prayed that the suit be decreed for specific
::: Downloaded on - 09/06/2013 14:58:28 :::
3
performance of the agreement ... would start from the date of the amendment. He
points out that the claim for specific performance
of the contract had not been raised within
