applications for amendment.
17. The applications filed by the respondent/plaintiff for amendment
of the plaint to include the relief of specific performance as well ... District Court, Thiruvallur and therefore,
the applications for amendment to include the relief of specific performance
prayer for specific performance. Thus,
it requires to be examined as to whether the right of the
plaintiffs to seek specific performance existed ... condition precedent
to file the suit for specific performance.
The decree of specific performance will
always be subject to the condition to
the grant
provided:-
“10. Cases in which specific performance of contract
enforceable.- Except as otherwise provided in this Chapter,
the specific performance of any contract ... provides:
10. Specific performance in respect of contracts.-
The Specific performance of a contract shall be enforced
by the court subject to the provisions contained
arbitration, the
Respondent requested for specific performance of the SPA and, by a
subsequent amendment, in the alternative, claimed damages of
approximately Rs.1223 ... would not be suing for
specific performance for the above purposes. An action for specific
performance would lie only in respect of unfulfilled obligations
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
Sri.M.Ramachandrappa vs Sri.P.Ramachandra Reddy on 5 November, 2020
BEFORE THE LXVI
grant of relief of specific performance (under the
Specific Relief Act, 1963 as it stood prior to its amendment with effect
from 1st August ... discretion implicit in the
grant of relief of specific performance against the grant of specific
performance, in our opinion neither
Court to grant specific performance. The proposition is too well settled to brook doubt that specific performance is not to be granted, merely because ... performance. For the relief of specific performance, which is essentially a species of equity but has got statutory recognition in terms of the Specific Relief
addition
to specific performance where the plaintiff has not abandoned his relief of specific
performance the Court will allow the amendment at any stage ... apply if what is sought by the amendment is the conversion of a suit for specific
performance into one for damages for breach of contract
virtue of provisions of Section 22 of the Specific Relief
Act. When the suit for specific performance is brought within the
period of limitation ... amount along with interest by
way of amendment of the plaint in the suit filed for specific
performance of agreement of sale. The respondents
