specific
performance they ought to have claimed consequential
relief under Section 34 of the Specific Relief Act wherein
they were seeking declaration by claiming that ... specific
performance. In the instant case, the plaintiffs having
been aggrieved admittedly ought to have filed a suit for
specific performance and not a suit
specific
performance of contract is not in limitation, that the
plaintiff is not entitled for reliefs of specific
performance and for declaration that the sale ... unreasonable delay in seeking relief of specific
performance by the plaintiff as the plaintiff filed suit
for specific performance of agreement to sell
joinder of necessary parties?
4. Without seeking the relief of declaration or
specific performance whether suit for permanent
injunction is not maintainable?
5. Whether suit ... title, the partition deed is not binding. He is entitled for
specific performance, declaration as well as Injunction.
17. The learned counsel for defendants
joinder of necessary parties?
4. Without seeking the relief of declaration or
specific performance whether suit for permanent
injunction is not maintainable?
5. Whether suit ... title, the partition deed is not binding. He is entitled for
specific performance, declaration as well as Injunction.
17. The learned counsel for defendants
Advocate on behalf of
defendants no.1 and 2.
SUIT FOR SPECIFIC PERFORMANCE, DECLARATION AND
PERMANENT INJUNCTION
JUDGMENT
1. This suit for specific performance, declaration ... relief of
declaration, specific performance and permanent injunction. Law of
limitation has provided the limitation for filing the suit for specific
performance in Article
said defendants have also contended that the suit for specific performance, declaration, perpetual and mandatory injunction is not maintainable as the agreement to sell made ... specific performance. Such a plea of defendant Nos. 1 and 2 cannot be termed evasive so as to entail a decree for specific performance especially
line, on 27.9.2011, the plaintiff
company instituted the present suit for specific performance,
declaration and permanent injunction etc. against the defendants. A
day after that ... true nature of the suit from one of specific performance, to one of
declaration, which is impermissible. To fortify the said submission,
learned counsel
specific performance.
33. I will first take up the aspect of limitation. Though the learned Addl.
District Judge has held the suit for specific performance ... notice that performance is refused. The
Agreement dated 11th August, 1984 of which specific performance is
claimed, did indeed fix a date for performance by providing
PATHAK, J.(ORAL)
1. Plaintiffs have filed this suit for specific performance, declaration
and permanent injunction against the defendants. Vide order dated
14th
facing Civil Suit No.997 of 1983
for declaration and specific performance of contract, filed at the
instance of one Dheerendra Govindji Kotak and another ... paragraph 15C to convert the suit for declaration
into one for specific performance of contract with the averment of
readiness and willingness on the part
