specific performance of the agreement. The suit that has been decreed
is the suit for specific performance of the agreement. Once the decree
for specific ... practically impossible.
1171. There are two kinds of relief after judgment for specific
performance of which either party to the contract may, in a proper
there was no concluded agreement as such no specific performance could be
granted. Inparagraph12 of the judgment the argument of the defendant to the
effect ... that specific
performance of a contract of immovable property should normally be granted as a
Rule. However, the explanation sets out that specific performance need
submitted that under Section 19(b) of the Specific Relief Act, 1963, specific performance contract may be enforced against any other person claiming under ... relief of specific performance cannot be enforced against them.
30. He also relied upon the following judgments in support of his contention.
( i) State
evidence available on record while
passing the impugned judgment of reversal denying the
relief of specific performance to the plaintiff-appellant
Nirmal Singh?
2. Whether ... plaintiff Nirmal Singh for
granting him the relief of specific performance. Thus, the impugned
judgment dated 13.02.1996 rendered by the learned Additional
District Judge, denying
been filed
for specific performance and as per Section 22
of the Specific Relief Act, 1963, ("the Specific
Relief Act "), the plaintiff ... suit for
specific performance of an Agreement to Sell.
The provisions of Section 22 of the Specific
Performance Act entitle the plaintiff to claim
execution of the decree for specific performance of a contract of sale."
9. In the judgment reported in 2007 (3) CTC 529 supra ... power to grant possession in a suit for specific performance. I also considered the judgment of the Hon'ble Supreme Court reported
2007
in so far as it relates to relief of specific performance.
The judgment and decree of the Trial Court is modified
and thereby ... aside in so far it relates to relief
of specific performance. The judgment and decree of the
Trial Court is modified directing the defendants
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
2002 of 2024
ORDER
The judgment debtor in a suit for specific performance has filed
the present civil revision petition challenging the dismissal ... When there is no fraud in
obtaining a decree for specific performance, the judgments relied upon by
the revision petitioner are not applicable
ABHILASHA
KUMARI
Date : 24/06/2014
ORAL JUDGMENT
Page 1 of 16
C/SCA/144/2013 JUDGMENT
1. Rule. Mr. Maulik R.Shah, learned advocate ... Page 2 of 16
C/SCA/144/2013 JUDGMENT
specific performance, in the court of learned
Principal Senior Civil Judge, Gandhinagar, against
deceased Hiraben (present
