part performance of the agreement for sale,
his remedy is to file the suit for specific performance and suit for
injunction simplicitor is not tenable ... suit for specific performance, now he cannot say that because of the
earlier suit he could not file suit for specific performance. These aspects
were
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
claimed simplicitor relief of refund without any intention
to revert to agreement. In the process, they have clipped their
rights to claim specific performance, confining ... instituted in 1992 had been simplicitor for refund of the amount
without reservation of the right to have specific performance of
agreement of sale
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
suit filed by the petitioner for injunction simplicitor
without seeking the relief of specific performance of agreement of sale is
barred by Order II Rule ... decree for injunction simplicitor based on
agreement of sale is not maintainable unless the plaintiff seeks the relief of
specific performance of agreement of sale
remedy, if any, of the defendant was
for specific performance and the suit for injunction simplicitor did
not lie. It was further found that since ... court being CS(OS) 2643/2000 for the relief of declaration, specific
performance and injunction. Though the said suit was stated to be
pending
consideration:
1. Whether the suit filed for perpetual injunction simplicitor without a prayer for specific performance of the contract for sale is not maintainable under
relied upon for filing
the specific performance of the contract. Very strangely, the present
suit has been filed for simplicitor injunction without seeking any
further ... filed the suit for simplicitor
injunction rather than filing of suit for declaration of his title or for
specific performance and accordingly, in view
considered opinion was to file the suit
for specific performance and possession
against defendant and the simplicitor suit for
possession and injunction in the present
note here that the present
suit is not a simplicitor suit for specific performance, but the plaintiff is
also seeking a decree of permanent injunction
