APPELLANT AND
REJECTING THE RELIEF OF SPECIFIC
PERFORMANCE, POSSESSION AS WELL AS
PERMANENT INJUNCTION.
THIS APPEAL COMING ON FOR HEARING THIS
DAY, THE COURT DELIVERED
CIVIL JUDGE
(SR.DN), RAMANAGARAM, DISMISSING THE SUIT FOR
SPECIFIC PERFORMANCE, POSSESSION AND MESNE
PROFITS.
THIS RFA COMING ON FOR HEARING THIS
time barred for enforcing the same for specific
performance, 2nd defendant is claiming right and
possession over the suit schedule property under 1st
defendant. Since ... performance of the agreement at Ex.D13.
Even though the agreement is time barred for specific performance,
plaintiff is not entitled to seek possession
City Civil Judge,
Bangalore, (CCH 8), decreeing the suit for specific
performance and possession.
2
This appeal having been reserved for judgment,
coming ... entitle for
specific performance of the agreement of sale?
3. Whether the plaintiff proves that he is in lawful
possession and enjoyment of the suit
JUDGE (JR.DN)
2
GOKAK, DISMISSING THE SUIT FILED FOR
POSSESSION FOR SPECIFIC PERFORMANCE OF
CONTRACT.
THIS APPEAL COMING ON FOR ADMISSION, THIS
grant relief for possession, partition, refund of earnest
money, etc. It states that any person suing for the specific
performance of a contract ... appropriate case, ask for possession, or partition and
separate possession of the property in addition to such performance
or any other relief to which
CIVIL JUDGE
(SR.DN.) AND CJM., GADAG, DISMISSING THE SUIT FOR
SPECIFIC PERFORMANCE OF CONTRACT.
THIS APPEAL COMING ON FOR HEARING
THIS DAY, N.KUMAR ... plaintiff filed the suit for the
relief of specific performance and for delivery of
possession.
8. After service of summons the defendants
entered appearance. They
contract. Therefore, the plaintiff was
constrained to file the suit for specific performance of
the agreement of sale and for other consequential
reliefs.
6. After ... failed to prove his
possession over the suit schedule property, the plaintiff
is not entitled to specific performance but only decree
for refund
does
not entitle to the relief of specific performance.
especialh then the plaintiff has forcibh secured the
possession. lurther no balance sheet or passbook
defeat plaintiff's claim, suit in question was filed
seeking specific performance of agreement of sale. It
was contended that on 08.08.1991 defendant came ... these
grounds plaintiff sought for a judgment and decree of
7
specific performance of the Agreement to sell dated
09.08.1989.
8. On suit summons being
