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 ... 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
would still be inadmissible in evidence in the suit for the specific performance of the-contract. If the proposition enunciated by the learned Counsel ... received as evidence of a contract in a suit for specific performance.
4. The learned Counsel for the appellant has urged that the words
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
learned learned District Judge, Villupuram, has denied the relief of specific performance to the appellant/plaintiff and granted the alternative relief of refund ... specific performance?
5)Whether the suit agreement is legally inadmissible in evidence since it was not registered, in view of the amendment
learned Principal District Judge, Villupuram, has denied the relief of specific
performance to the appellant/plaintiff and granted the alternative relief of
refund ... Whether the plaintiff is entitled to a decree
for specific performance as prayed for?
2)Whether the suit as framed is not
maintainable?
3)Whether
evidence for the
purpose of specific performance of contract ?
(iii) Whether the decree can be granted for specific
performance on the basis of unregistered agreement ... contract in a suit for specific
performance. If the plaintiff is found entitled to the relief of specific
performance, the same cannot be denied
when a sale agreement, which does not claim any part of past
performance under Section 53-A of the Transfer of Property Act, 1882,
need ... registered in view of the Amendment dated
24.09.2001 is fatal to the claim of specific performance is absolutely
erroneous, baseless and not sustainable. The substantial
interest in the immovable
property.
(3) In fact, the suit for specific performance of the
agreement to sell, in essence, becomes an attempt to
protect ... been brought. However, such
amendment is not applicable in case a suit is filed for specific performance
of an un-registered agreement to sell containing
