party to the specific
performance suit in O.S.No.119 of 1982. Said Nukaraju also filed
separate suit for specific performance ... filed
suit without relief of possession but for specific performance simplicitor
in O.S.No.119 of 1982 on the file of the II Additional
Apex Court
that the suit for specific performance in simplicitor is not a suit for land
under the meaning of Clause 12 of the Letters ... with the contracting party, a decree for specific performance of
the contract of sale simplicitor, without specifically providing for
delivery of possession, may give complete
respondent contended
before us that the appellant could not get specific
performance of the contract for sale unless he sued for
rectification of the agreement ... view, the suit is a suit for specific
performance of the contract for sale simplicitor and only a
part of the description of the suit
suit for
specific performance based on the possession of Sale
Agreement of the suit land for specific performance shown
barred by limitation that Doctrine ... also applies if initially the specific performance not asked, but
injunction simplicitor and even amended subsequently for
specific performance. It is also observed Article
suit filed by the petitioner for injunction simplicitor
without seeking the relief of specific performance of agreement of sale is
barred by Order II Rule ... decree for injunction simplicitor based on
agreement of sale is not maintainable unless the plaintiff seeks the relief of
specific performance of agreement of sale
consideration:
1. Whether the suit filed for perpetual injunction simplicitor without a prayer for specific performance of the contract for sale is not maintainable under
agreements of sale, the suit filed for injunction simplicitor without seeking the relief of specific performance of those agreements is not maintainable as held
ground that if a suit for specific performance or a suit for specific performance with an alternative relief of refund of consideration had been filed ... Indian Registration Act, 1908 refers to the relief of specific performance and Section 53-A of the Transfer of Property Act, 1882. The latter part
plaintiff and not of the whole estate. In a suit for injunction simplicitor, it is the value of the relief claimed ... value of the property involved. In a suit for specific performance of enforcement of agreement, it is the consideration amount stated in the agreement which
deed can be received in evidence in a suit filed for specific performance provided it is impounded by the Court or the Collector under Section ... suit for specific performance under Chapter II of the Specific Relief Act, 1877, or as evidence of part performance of the contract for the purposes
