specific performance can be filed. The suit for
recovery is only an alternative relief. In the absence of suit for
specific performance, no simplicitor suit ... applicability of Section 41 (h) of Specific Relief Act to suit for
recovery of suit for specific performance.
7.5. Relevant portion of Section
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
Trial court that though
the suit is title for suit for Specific Performance but it is only a suit for
RCA17/07 Page ... finding on issue No. 5 and 1, the suit simplicitor
for Specific Performance is not maintainable without asking for relief of
possession and without paying
relief of permanent
injunction and declaration, without seeking a relief of
Specific Performance despite Vijender Bhandari being
plaintiff's real brother and with whom ... getting the relief of specific performance of such
agreement to sell as same was Unregistered he filed a
suit simplicitor for permanent injunction only
relief of permanent
injunction and declaration, without seeking a relief of
Specific Performance despite Vijender Bhandari being
plaintiff's real brother and with whom ... getting the relief of specific performance of such
agreement to sell as same was Unregistered he filed a
suit simplicitor for permanent injunction only
relief of permanent
injunction and declaration, without seeking a relief of
Specific Performance despite Vijender Bhandari being
plaintiff's real brother and with whom ... getting the relief of specific performance of such
agreement to sell as same was Unregistered he filed a
suit simplicitor for permanent injunction only
The Adarsh Beadonpura Residents ... vs Shri Purshottam on 30 April, 2009
IN THE COURT OF
The Adarsh Beadonpura Residents ... vs Shri Purshottam on 30 April, 2009
IN THE COURT OF
without the relief of possession. It is
submitted that the simplicitor suit for specific performance
of contract of sale of immovable property without seeking
possession
have filed a suit for specific
performance or a suit for cancellation of collaboration
agreements instead of a simplicitor suit of injunction.
In this regard ... seen whether the suit of specific
performance or suit for cancellation, as alleged, would be an
equally efficacious remedy
