incumbent on the plaintiff to claim possession or
partition or separate possession in a suit for
specific performance of a contract for the transfer ... plaintiff to specifically claim
possession over the property, the relief of
possession being inherent in the relief for specific
performance of the contract of sale
specific performance viz., in
O.S.No.252 of 1986:
“1.Whether the plaintiff is entitled for the relief of
specific performance?
2.Whether ... plaintiff is certainly entitled to the relief of specific
performance. The plaintiff is in possession of the property for more than
thirty years, which
specific performance viz., in
O.S.No.252 of 1986:
“1.Whether the plaintiff is entitled for the relief of
specific performance?
2.Whether ... plaintiff is certainly entitled to the relief of specific
performance. The plaintiff is in possession of the property for more than
thirty years, which
specific performance viz., in
O.S.No.252 of 1986:
“1.Whether the plaintiff is entitled for the relief of
specific performance?
2.Whether ... plaintiff is certainly entitled to the relief of specific
performance. The plaintiff is in possession of the property for more than
thirty years, which
specific performance viz., in
O.S.No.252 of 1986:
“1.Whether the plaintiff is entitled for the relief of
specific performance?
2.Whether ... plaintiff is certainly entitled to the relief of specific
performance. The plaintiff is in possession of the property for more than
thirty years, which
suit was decreed for specific performance. By a decree and judgment dated 01.03.2004 this Court granted decree for specific performance and directed the second respondent ... incumbent on the plaintiff to claim possession or partition or separate possession in a suit for specific performance of a contract for the transfer
permanent injunction along with the relief of specific performance. the
documents, on the basis of which possession sought to be protected, are not
the registered ... possession as part performance
of the contract. Therefore, merely because in the plaint it has been stated
that they have taken possession as part performance
permanent injunction along with the relief of specific performance. the
documents, on the basis of which possession sought to be protected, are not
the registered ... possession as part performance
of the contract. Therefore, merely because in the plaint it has been stated
that they have taken possession as part performance
plaintiff is in possession of money from the beginning to pay the balance sale consideration. Hence, the suit for specific performance.
(iv) Admitting the execution ... Court in granting specific performance warrants interference of this Court and the suit filed by the 1st defendant for recovery of possession
contract.
23.Though the plaintiffs sought the relief of specific performance for entire
properties, now the plaintiffs filed an undertaking affidavit before this Court
stating ... workout their remedy by way of partition and separate
possession.
25.Specific performance being discretionary relief, the Court has also to
take into consideration
