counsel that without asking for the relief of possession the relief for specific performance alone could not have been asked for.
12. In Krishnaji ... implied in the relief for specific performance then too the main and substantial relief is one for specific performance so that the plaintiff could
Singhal, J.
1. Wali Mohmad instituted suit for possession through specific performance of the agreement to sell dated 24.5.1989 against Rukna son of Nikka respecting ... Class, Malerkotla decreed the plaintiff's suit for possession through specific performance on payment of Rs. 38000/- minus Rs. 35000/- paid as earnest money
separate suit
prayed to pass decree of possession and specific performance of agreement
to sell.
6. Replication to the WS was filed by the parties ... suit No. 372/16 is
not entitled for the relief of specific performance, possession or recovery of
CS Nos. 372/16 & 373/16 page
decreed unless and until the plaintiff gets specific performance
of the contract. In a suit for specific performance there is no question ... possession are essential relief. Further, without getting a
conveyance it is not possible to get possession. In such a suit the relief for
specific performance
appellant would have been to seek relief of specific performance on
the aforenoted documents and not possession. Judgment of
RSA No.215/2010 Page ... would have been to have filed a suit for specific
performance and not suit for possession. The document i.e. the
agreement to sell
sell coupled with the delivery of possession
or acknowledging the possession of a person who is already in possession,
shall not be dismissed for want ... applicability to
the suit for specific performance of the agreement to sell and therefore, a
suit for specific performance of the agreement to sell
appellants-herein against the respondents for specific
performance of agreement, damages, injunction and possession,
whereas suit no.320/2014 was filed by the respondents-herein ... appellants have failed to prove their case for specific
performance of agreement, damages, injunction and possession of the
suit property. On the contrary
respondents for their impleadment in a suit for
possession by way of specific performance of the agreement to sell was
dismissed and the assertions made ... mutation has been entered. Moreover, in a suit
for possession by way of specific performance of the agreement to sell, the
ownership of the vendor
appellants was not only to
seek relief of specific performance but also the recovery of the
possession, therefore, the suit has been rightly rejected ... Sell,
GPA, etc., without claiming comprehensive relief of specific
performance and relief of possession and without paying proper
court fees upon actual value
reserved for judgment: 30.07.2011
Date of pronouncement: 18.08.2011
SUIT FOR SPECIFIC PERFORMANCE, RECOVERY OF
POSSESSION AND FOR MESNE PROFITS
JUDGMENT
1. This is a suit ... filing a suit for specific
performance of a contract is three years from the date fixed for
the performance, or if no such date
