facts and provisions of
Section 20 of the Specific Relief Act, a decree for specific performance of the
agreement could not be granted in favour ... about the share only, in such a situation suit for simplicitor specific performance
of the agreement to sell is maintainable. It has also been stated
that time they chose to file a simplicitor suit for permanent
injunction claiming relief for specific performance. As per the provisions of
Order 2 Rule
appellant did not choose to file suit for
specific performance and simply filed the simplicitor suit
for injunction, it implies that he had waived ... specific performance subsequently. There
is no explanation given by the appellant to justify his act
for filing a separate suit for specific performance later
also held that a simplicitor suit for recovery
would not be maintainable without applying for the relief of specific
performance. The said judgment was reversed ... also
submitted that a simplicitor suit for recovery would not be maintainable sans
the plea of specific performance, as specified in Section
upon in a suit for specific performance.
C. The Civil Court had limited jurisdiction in a suit for
specific performance in as much as title ... 4614 of 2012 (O&M) -7-
that simplicitor cannot convert a suit for specific
performance into a declaratory suit where title
above said property
mentioned under the heading of suit for specific
performance in favour of the plaintiffs as prior the
defendants have sanctioned mutation ... uncle and two cousins.
6. Hence, it is not a simplicitor suit for specific performance of
the agreement. Learned counsel representing the petitioner fails
Dhirender Chopra, learned counsel for the appellants
submitted that the simplicitor suit for specific performance of the agreement
to sell in the absence of challenge
court found that the plaintiff is not
entitled to decree for specific performance, however, after finding that
the agreement to sell was entered into upon ... counsel that it is a simplicitor recovery decree is not correct
because the suit was originally, for specific performance of the
agreement to sell
plaintiff had
filed a suit for recovery and not for specific performance of an agreement to
sell and as such, the agreement to sell ... arise. Plaintiff has not
filed a suit for specific performance of an agreement, rather, it is simplicitor
suit for recovery. Even otherwise, the proceedings
plaintiff sent legal notice dated
22.02.2006. The suit for specific performance was filed in 2008. No
explanation of readiness and willingness throughout this period, after ... absence
of challenge to the cancellation and forfeiture, simplicitor suit for
specific performance was not maintainable, in view of the ratio
decidendi culled
