incumbent on the plaintiff to claim possession or partition or
separate possession in a suit for specific performance of a
contract for the transfer ... 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 is inherent in the relief for
specific performance of the contract of sale ... incumbent on the plaintiff to claim possession or
partition or separate possession in a suit for
specific performance of a contract for the transfer
before the date fixed, the suit
for possession by way of specific performance of agreement to sell was filed
on 1.11.2010. During the pendency ... suit will not change as the ultimate relief is possession by way of
specific performance of agreement to sell. The amendment was necessitated
only because
accepted by him as earnest
money. Consequently, the suit for specific performance,
possession and injunction was filed by the plaintiff.
5. The original defendant contested ... decree specific
performance in any case where plaintiff has done substantial
acts or suffered losses in consequence of a contract capable of
specific performance.
Page
filed application for amendment
seeking to claim relief of possession by way of specific performance of
agreement to sell. The amendment having been allowed ... specific performance of agreement to sell dated 28.5.2007. In terms
of Article 54 of the Limitation Act , a suit for specific performance could be
filed
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
Forms are
used, one for specific performance simpliciter and the other for joint
claim for specific performance and possession."
Mr. Chatterjee has relied upon ... specific performance with
the present suit. The cause of action in a suit for specific performance is not a
cause of action for possession
Forms are
used, one for specific performance simpliciter and the other for joint
claim for specific performance and possession."
Mr. Chatterjee has relied upon ... specific performance with
the present suit. The cause of action in a suit for specific performance is not a
cause of action for possession
relates to specific performance of the development
agreement, and any relief in aid of specific performance including an
interim relief to protect possession ... Clause (a) contains reliefs of
possession and partition and separate possession of the property, in
addition to specific performance. The mandate of sub-section
execute the decree for
specific performance and delivery of possession. The execution court allowed
the execution petition and sale deed was also executed in favour ... these circumstances, the plaintiff has filed the suit for specific
performance and delivery of possession. The Trial Court correctly decreed the
suit for specific performance
