defendant. The Supreme Court held that a suit for
specific performance simplicitor, in the absence of an explicit prayer for
delivery of possession ... Supreme Court. In that case, the
decree for specific performance simplicitor was passed by the Court. In the
execution of the said decree, the decree
suit for land as the
relief was only for specific performance simplicitor without the relief of
possession and, thus, Section 16 of the said Code ... case (supra) in respect of the suit
for specific performance simplicitor and the suit for possession of the
property were said to be the distinguishing
defendant. The
Supreme Court held that a suit for specific
performance simplicitor, in the absence of an
explicit prayer for delivery of possession ... Supreme Court. In that case,
the decree for specific performance simplicitor
was passed by the Court. In the execution of the
said decree, the decree
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
Federal Court made a distinction between a suit for specific performance simplicitor and a suit Page 2046 for specific performance along with relief for possession ... suit for specific performance unless a prayer to that effect is specifically made. A suit for specific performance, therefore, is not a "suit
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
subject matter of the suit for specific performance.
13. A decree for specific performance of a contract for sale of immovable property can be enforced ... Specific Relief Act. Decision categorically hold that a suit seeking specific performance of an agreement to sell simplicitor even if it relates to immovable property
relates to
immovable property and the proposed buyer were to seek specific
performance as also possession, the Court within territorial jurisdiction
whereof the property ... outside the territorial
jurisdiction of the Court concerned, a suit seeking specific performance
simplicitor of an agreement to sell can be filed in a Court
were also not
allotting the space to them. Therefore, suit for
specific performance was filed. Damages were also
claimed for non-completion of the building ... Single Judge decided not
to treat these suits as suits of specific performance
simplicitor which could be dealt with separately, and
rightly so. Order dated
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
