behalf of the plaintiff contended that ordinarily in a suit for specific performance, possession is not asked for and in this case leave ... from the cause of action for specific performance in this case. If, therefore, the plaintiff asks for specific performance, as she has done, she cannot
incumbent on the plaintiff
to claim possession or partition or separate possession
in a suit for specific performance of a contract ... property in
possession of contracting party and no third party had
intervened, relief of possession would be implied in decree
for specific performance and need
plaintiff Prakash Malhotra
against the defendants seeing Decree of Specific Performance of the
Agreement dated 23.09.2006 which was subsequently amended on
10.04.2007 in favour ... issues:
1. Whether the plaintiff is entitled to a decree for specific
performance of Agreement to sell of 23rd September, 2006
(as amended on 10th
Bharose & Anr. Page no.1 of 16
JUDGMENT
SUIT FOR SPECIFIC PERFORMANCE,
POSSESSION, DECLARATION / CANCELLATION OF
DOCUMENTS, MANDATORY INJUNCTION,
RECOVERY OF DAMAGES AND PERMANENT ... under :-
(1) Whether the plaintiff is entitled for relief of specific
performance, possession declaration/cancellation of
documents, mandatory injunction, recovery of damages
and permanent injunction
other for specific performance of the contract if
(a) Where specific performance is claimed by the lessor he has delivered possession of the property ... part performance of the contract taken possession of the property or, being already in possession, continues in possession in part performance of the contract
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
appeal, suit of the plaintiff-respondent was decreed for possession by way
of specific performance of the agreement in question in stead of the
alternative ... Court.
The plaintiff-respondent filed a suit for symbolic possession by
way of specific performance of the agreement to sell dated 20.9.2005 for
the land
opinion of this court, upon all these
issues, relief of specific performance, declaration,
possession and permanent injunction is declined
against all the defendants ... possession
on the basis of unregistered agreement is a different
situation and where a person seeks possession of the
property by way of specific performance
learned first appellate court while deciding a
suit for possession by way of specific performance of the agreement to sell
shall stand disposed ... Whether the plaintiff is entitled for a decree for
possession by way of specific performance of the
agreement dated 03.12.1999 and receipt-cum-agreement
dated
Whether the plaintiff is entitled to the
recovery, possession by way of specific
performance of contract? OPP
05. Whether the plaintiff has no locus standi ... Judge (Junior Division),
Rohtak decreeing respondent's suit for possession by specific performance
of agreement dated September 25, 2003, is set aside and reversed
