which made it conditional decree, but, it was a decree simplicitor for specific performance of the suit agreement under which the suit agricultural lands
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
camouflage while as
in effect they are seeking the specific performance of an
agreement to sell dated 29.03.1996 and execution of the
documents of title ... filing the present
suit simplicitor for declaration with a view to avoid the
filing of a suit for specific performance for perfecting their
title
specific performance. These judgments
are also relied upon in support of the submission that the suit for
partition is treated as suit for specific performance ... barred, simplicitor prayer clause (a) cannot be proceeded
with or granted by this Court. It is submitted that since a suit for
specific performance
plaintiff was to bring a suit for specific performance and suit for injunction simplicitor was not maintainable.
4. During the pendency of the suit ... heirs of the deceased defendant and their transferrees seeking relief of specific performance of the agreement for sale dated 26.5.1986. The plaint of the said
suit for
specific performance based on the possession of Sale
Agreement of the suit land for specific performance shown
barred by limitation that Doctrine ... also applies if initially the specific performance not asked, but
injunction simplicitor and even amended subsequently for
specific performance. It is also observed Article
specific performance. The discretion exercised was appropriate, sound and reasonable and guided by judicial principles as per the provisions of Section 20 of the Specific ... question was, whether the said agreements were agreements for specific performance or was a simplicitor agreement for a loan. The defendant No. 1 alleged that
suit for specific performance. Now even if, for the sake of
consideration it is held that relief of Specific Performance is out of
limitation, then ... would not be
enforceable. Further this is not suit simplicitor for Recovery but for
Specific Performance, so Plaintiff is entitled to seek relief against
Defendant
been in
the possession of the suit property, therefore this simplicitor suit for
specific performance without seeking the possession does not lie and
the present
basis of which present suit for specific performance
has been filed is not an agreement simplicitor for the sale of the land ... sale deed registered through the court of law by specific
performance of the contract, at the cost and expenses of the vendor