Specific Relief Act. Decision categorically holds that a
suit seeking specific performance of an agreement to sell
simplicitor even if it relates to immovable property ... basic plea
of a distinction between a suit for specific performance
simplicitor and a suit where the relief for possession is
also claimed
contended by the petitioners that they are not claiming
the specific performance of the MOU or possession of the land in
question. It is stated ... case (supra). A distinction between a suit for specific
performance simplicitor and a suit for specific performance
coupled with delivery of possession has been drawn
vendee. A sale deed executed in pursuance of a decree for
specific performance, by the court, cannot confer any rights
beyond that available with ... suit, which was the
subject matter of issue, was for specific performance
simplicitor and not a suit for land. Both the decisions of the
Calcutta
agreement vide notice dated 2.2.2004? OPD
6. Whether the suit for specific performance
simplicitor is maintainable? OPP
7. Whether no cause of action has arisen
enabling provision. A plaintiff in a suit of specific performance may ask for further reliefs mentioned in clauses (a) and (b) thereof. Clause (a) contains ... 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
part performance of the agreement for sale,
his remedy is to file the suit for specific performance and suit for
injunction simplicitor is not tenable ... suit for specific performance, now he cannot say that because of the
earlier suit he could not file suit for specific performance. These aspects
were
that suit
filed by the appellants was not a suit simplicitor for specific
performance. There was an alternative prayer for declaration of the
appellants having
specific
performance is decreed. The legislature has now made a
statutory provision enabling the plaintiff to ask for possession
in the suit for specific performance ... specific performance
of the contract of sale. In a case where exclusive possession is
with the contracting party, a decree for specific performance
contract, but not a suit for permanent injunction
simplicitor. Holding that a suit for specific performance of contract,
which is to be filed within three
simplicitor suit of injunction is not
maintainable and the appropriate relief for the plaintiff was to file a
suit for specific performance of the agreement ... plaintiff was to file a suit for specific performance and
injunction. The simplicitor suit for injunction is not maintainable. The
Hon'ble High Court
