relief of
specific performance was barred by limitation. The plaint
contains not only a prayer for specific performance but
also a prayer for perpetual injunction ... specific performance and, if so, whether they are entitled
to specific performance and whether even if they are not
entitled to a decree for specific
claim a decree
for specific performance of contract.
The Trial Court not only granted a decree for specific performance of
contract but also a preliminary ... performance. Even though strictly speaking, the right to possession accrues
only when a suit for specific performance is decreed, indisputably such a
decree for possession
obligations. No further performance by
him was either contemplated or had to be tendered.
In a suit for specific performance on the other
hand ... deliver the vacant possession of the Haveli in suit,
the plaintiffs were entitled to a decree for specific
performance, on payment
Judge
Class-I, Jabalpur, , seeking for a decree for specific performance and recovery of
the possession of the suit land or in the alternative, damages ... affirming the judgment of the Trial Judge denying specific
performance and recovery of possession, decreed the claim of the plaintiff to
receive
said amount. A suit for specific
performance of the contract was filed as no deed of sale was executed in
terms of the said agreement ... cannot be granted a decree for
specific performance. Since it is a specific case
that he came into possession of plaint schedule
property in part
deed in terms of the said agreement a suit praying for specific
performance thereof, which was registered as Title Suit ... parties had been in separate possession, for the purpose of grant of a
decree of specific performance of an agreement, a presumption of partition
part
performance. Requisite ingredients therefor must be pleaded and proved.
14. A competent Court of law has dismissed the suit for specific
performance of contract ... possession in
part performance of contract would not arise.
Appellant herein filed a suit for declaration of title and recovery of
possession. He proceeded
delivery of khas possession, thereof to the plaintiff after evicting the defends ants therefrom;
(b) Alternatively a decree for specific performance of the contract directing ... relief of specific performance, provided they prove their readirness and willingness to buy the flat, there should be a decree for specific performance
specific performance of the
contract. The said suit was marked as suit No.449 of 1984; the prayers made
wherein were:
"a) For specific ... prayed for grant of relief for
recovery of possession along with a decree for specific performance of the
contract.
21. Three appeals were preferred before
however, obtained warrant of delivery of
possession of the said property in execution of the decree of specific
performance passed in her favour
