time is essence of suit agreement?;
(iii) Whether the suit for specific performance simplicitor is
maintainable without prayer for declaration that termination of suit
agreement ... termination of the suit sale
agreement was bad, a prayer for specific performance simplicitor is not at
all maintainable.
25. In support of the said
wherein it was held that
the suit for specific performance simplicitor was not maintainable in
the absence of any challenge to the cancellation
sought in the suit seeking recovery of possession, the suit simplicitor for specific performance of agreement for sale shall be considered as suit ... decree of specific performance of contract. It has been authoritatively held therein that in a suit for specific performance of agreement for sale, wherein
jurisdiction. Therefore, by praying only for the relief of Specific Performance simplicitor, it cannot be brought before the Court, which has no jurisdiction. Therefore ... praying only for the relief of Specific Performance simplicitor, it cannot be contended that it is not a Suit for land, as no relief
delay, the plaintiffs cannot be denied the relief of specific performance on the basis of absence of readiness and willing. The learned Senior Counsel would ... terms of Section 16 (c ) of the Specific Relief Act ?
2.Whether the suit for specific performance simplicitor in the absence of prayer for partition
plaint was couched in following words:
"A decree for specific performance of the agreement for sale recorded in the document dated February ... that a suit for specific performance simplicitor without a prayer for delivery of possession is not a suit for land as Section
wherein it was held that the suit for
specific performance simplicitor was not maintainable in the absence of
any challenge to the cancellation
wherein it was held that
the suit for specific performance simplicitor was not maintainable in
the absence of any challenge to the cancellation
this Court is not
inclined to grant the discretionary decree for specific performance, the
suit may be decreed for the alternative relief of refund ... that can be performed.
He would submit that a suit for specific performance simplicitor is
maintainable before this Court and in support of this argument
Supreme Court was as to whether a suit for specific performance
simplicitor could be said to be a suit on land ... Specific Relief Act,
1963 and the Letters Patent of the Bombay High Court concluded that a suit
for specific performance simplicitor cannot be held
