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
Adhishwer Apartments,
34, Ferozeshah Road, New Delhi.
......... Defendant
SUIT FOR SPECIFIC PERFORMANCE, DECLARATION AND
INJUNCTION
(a) Date of institution : 08.12.2010
(b) Date when judgment reserved ... present suit filed by the
plaintiff against the defendant for specific performance, declaration
CS No. 10245/16 T.R. Bhau v. Raghubir Singh Page
July,
2016 by which the Trial Court rejected the relief of specific performance,
but granted the alternate relief of recovery ... opinion of this court, upon all these
issues, relief of specific performance, declaration,
possession and permanent injunction is declined
against all the defendants
Nature of the suit
(Suit on Pronote, suit for Specific Performance &
declaration & possession, suit Permanent Injunction
for injunction)
Date of commencement ... JUDGMENT
The plaintiffs filed this suit for specific performance of
the contract dated 28.3.1980 directing the defendant No.1 to
execute the sale deed
JUDGMENT :
The appellant brought suit for declaration, specific
performance and permanent injunction against the respondents qua
agreement of sale dated 15-1-2005, the subject ... basis of which the plaintiff sought a
decree of specific performance and a declaration that the sale-deed
executed by defendant 1 in favour
further submitted that for the
purpose of filing the suit for specific performance of contract
as per Article 54 of the schedule to the Limitation ... appears that by way of suit,
the original plaintiff has sought declaration, specific
performance and also the injunction. In the said context, if the
submissions
2018 whereby the suit of the
appellant for specific performance, declaration and permanent injunction
was rejected under Order VII Rule 11 CPC , being barred under
Suit No. 216 of 2003 was filed by the
appellants for specific performance, declaration and permanent
injunction against the defendants. This is the Suit which ... favour of plaintiffs, be pleased
to order the specific performance of the same and the registered Sale
Deed be executed and the defendant
background of the case.
3. The appellant filed a suit for specific performance, declaration,
cancellation and permanent injunction.
R.S.A. No.140/2015 Page ... contrary, it was the appellant
who had filed a suit for declaration, specific performance and permanent
injunction. The declaration which was sought was that
Addl. Civil Judge (Sr.Dn.),
Kolar, dismissing the suit for declaration, specific performance
and permanent injunction.
This RFA coming on for hearing this ... dismissed the
plaintiff's suit for specific performance of the agreement of
sale/declaration of the sale deeds executed by defendant
