time the Division Bench passed its judgment, there was no impediment
in decreeing specific performance of the suit property, consequent upon the
repeal ... that a suit for specific performance
could be filed despite the provisions of the Ceiling Act. A
suit for specific performance in respect of vacant
Served.
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CORAM : VINAY JOSHI, J.
CLOSED FOR JUDGMENT : 17.12.2019.
JUDGMENT PRONOUNCED ON : 21.02.2020.
JUDGMENT :
The appellants (stranger purchasers), have challenged the
order dated 09.10.2015, passed ... heard and again a decree of specific performance
of contract came to be passed vide judgment and decree dated
08.12.2009. In consequence, the plaintiff
seeking specific performance but too file suit for specific performance.
In this backdrop, learned counsel for the respondent has placed reliance on the judgment ... specific performance. Specific performance is an equitable relief and granting the relief is the discretion of the Court.
Reliance is also placed on the judgment
deed of sale and when specific
performance of the agreement is sought and is granted, such grant
of specific performance would inherently include the relief ... suit for specific performance, even
though strictly speaking, the right to possession accrues only
when suit for specific performance is decreed. The legislature
granted specific
performance.
27. In Narinderjit Singh 's case referred to supra, the
trial court had rejected the specific performance on the ground
that ... Court in rejecting the prayer for specific
performance has to be examined. The reasons for rejection of
specific performance of agreement are found only
passed by the trial Court rejecting the relief of specific
performance.
12. Perused the judgment and decree passed
by the Courts below ... years. The plaintiff has filed a suit for
specific performance of contract in the aforesaid
judgment. The trial Court held that, since the
agreement
said
judgment are still pending. Since she was not a party to
the said suit, the judgments in the suits for specific
performance ... agreement. Now with regard to pendency of
appeals against the judgments in specific performance
suits, it is to be stated that by a separate judgment
Valermo Dr
Toronto Ont M8W 2M5, Canada
.......Defendants
SUIT FOR SPECIFIC PERFORMANCE
JUDGMENT
1. Brief facts of the present case as per plaint ... period for filing a suit for specific
performance commences either when there is a date fixed for specific
performance or where no date is fixed
Manish Tanwar, Advocate.
For the Defendant:- Defendant is exparte.
SUIT FOR SPECIFIC PERFORMANCE
JUDGMENT
1. Plaintiff namely Baldev Raj filed present suit for specific performance ... part of the agreement so plaintiff is entitled for decree of
specific performance of the contract dated 02.06.2017 with respect to suit
property in question
JUDGMENT ON 30.09.2020, COMING ON FOR
PRONOUNCEMENT OF JUDGMENT, THIS DAY, S. SUJATHA, J.,
DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is directed against the judgment ... principal varieties of specific relief are, decree
of specific performance and the injunction
(See David Bean on Injunctions). The Specific
Relief Act, 1963 was intended
