specific performance in order to develop it, he obviously
has no semblance of title to the suit property and he is also not in
possession ... cancelled and a decree of specific performance is yet to be passed in his
favour, nor he is in possession of the property in spite
will transactions’ may also be used
to obtain specific performance or to defend
possession under section 53-A of TP Act. If they
are entered ... powers of attorney are already regulated
by law and subjected to specific stamp
duty. Our observations regarding ‘SA/GPA/will
transactions’ are not intended
days after, the
plaintiff on 25.4.1986 filed aforesaid suit for specific
performance being O.S. No.252 of 1986.
4
4. The defendant pleaded ... possession of the building.
17. In the subsequent suit filed by the plaintiff being O.S.
No.252 of 1986, a decree for specific performance
averred that she reserved her right to file a
suit for specific performance of agreement against the defendants.
11. The aforesaid suit was contested ... suit for specific performance of agreement in question against the
defendants. It was alleged that relief to claim specific performance of
agreement was available
justified in
decreeing the suit for specific performance when the
plaintiff put a false case of possession?
2. Whether the lower appellate court is right ... possession of the suit property. In
the facts and circumstances of the case, as the performance of
contract would involve hardship on the part
though they were admittedly in possession of
the suit property.
In view of the above, the decree of
specific performance ordered by the learned trial
specific performance basing his claim on an
Agreement dated 2nd November, 1975. The plaint was
amended and the prayer for specific performance ... Court may be pleased to pass a
decree for specific performance in favour
of the plaintiff directing all or such of
the defendants
period of seven years of
agreement against Kalli Raja Rao for specific performance of
contract, before the Subordinate Judge, Eluru. Both the suits ... dismissed, and the suit filed by the appellant for
specific performance of contract was not decreed but the
amount paid by him towards repayment
order of decree of specific
performance and also granting injunction restraining
the appellants-defendants from interfering with the
possession of the respondent-plaintiff.
This Court
petitioners’ right to retain
possession or recovery of land would accrue when they succeed in
securing a decree of specific performance in their favour