Shri Raja Ram Patidar, Bhopal vs The Ito 1(2), Bhopal on 28 September, 2018
specific performance cannot be granted. An
unexplained delay will disentail the party from getting the relief of specific
performance as held in the judgment reported ... filing a suit for specific performance. Here, the
conduct of the plaintiffs in filing the suit for specific performance on the
verge of limitation
agreement had disappeared, their right to
seek specific performance revived and accordingly they have asked
for specific performance causing amendment to the plaint, which ... exercised in favour of the plaintiffs granting specific performance. In
the alternative, he submits that if specific performance is to be
declined, in the circumstances
even chosen to file a suit for specific performance against the judgment-debtors by paying the proper court fee, he cannot press his case under ... least from 4.11.2009, should have filed a suit for specific performance against the judgment-debtors within three years from the date of such knowledge. Having
plaintiffs/appellants are entitled for
the relief of specific performance of the
contract?
7. Whether the judgment and decree of the trial
Court require ... agreement holders were not
entitled to the relief of specific performance. The
51
Judgment/s and Decree/s passed by the Trial Court
specific performance fails. The intention of the Legislature is clear. The transferee cannot maintain his possession once having failed to avail specific performance during ... grounds of equity and enforced the specific performance of even a parole agreement holding that the part performance took such cases out of the statute
DELIVERED THE
FOLLOWING:
JUDGMENT
These two appeals are preferred by defendants 2 to 4
against the judgment and decree of specific performance of
the agreement ... suit is in time. Accordingly, the
suit for specific performance was decreed. Aggrieved by the
said judgment and decree of the trial Court, 2nd defendant
allowed the appeal while
refusing to grant specific performance of the contract.
(f) Aggrieved by the judgment and order dated 25.02.2000,
the plaintiffs preferred ... find any illegality with the reasoned
judgment passed by the High Court in granting specific
performance in their favour subject to paying of the sale
High Court's judgment protects the rights of the parties in the suit for specific performance, which is pending in the Sub Court, Erode ... evidence, both oral and documentary, by judgment dated 14-2-1984, decreed the suit for specific performance. It is also not out of place
Rishi Raj. The Trial Court refused the
grant of specific performance relying upon the judgment of Supreme Court
in Suraj Lamp and Industries ... suit for specific performance under Chapter-II of
the Specific Relief Act, 1877."
24. Based on the above judgments it is clear that