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
relate only to the
execution of any document and/or specific performance thereof simplicitor.
The disputes relate to possession of the said land which
respondent contended before us that the appellant could not get
specific performance of the contract for sale unless he sued for
rectification of the agreement ... view, the suit is a
suit for specific performance of the contract for sale simplicitor and
only a part of the description of the suit
Single Judge drew a
distinction between a suit relating to specific performance of a contract for sale of
immovable property simpliciter and a suit where ... 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
services of Respondent No.1 in a
simplicitor manner while he was on probation. The unsatisfactory
performance of a probationer and resultant dispensation of service ... termination of service lies in a specific act of misconduct,
regardless of over all satisfactory performance of duties during the
probation period, the Court will
plaintiff's suit was in effect a suit for specific performance of the renewal
of the agreement dated 23.10.1996. The cause of action ... injunction simplicitor was nothing but a camouflage to get over the bar of
limitation, which, in fact, showed that specific performance was implicit
relief of specific performance of such agreement to sell as the
same was unregistered, the plaintiff filed a suit simplicitor for permanent
injunction only ... substantive relief,
namely, in the present case the relief for specific performance.
5
Therefore, the plaintiff cannot get the relief even for permanent injunction
plaintiff's suit was in effect a suit for specific performance of the renewal of the agreement dated 23.10.1996. The cause of action ... injunction simplicitor was nothing but a camouflage to get over the bar of limitation, which, in fact, showed that specific performance was implicit
Abhay Jain vs High Court Of Judicature For Rajasthan on 15 March, 2022
Author: Vineet
Kapilaben vs Ashok Kumar Jayantilal Sheth Through ... on 25 November, 2019
Equivalent citations: AIRONLINE 2019
