submitted that the claim of the Appellant in the
arbitration simplicitor relates to specific performance of the development
agreement, and any relief ... appearing in Clause XII of the Letters Patent. A suit simplicitor
seeking specific performance of an agreement would be one such instance
which would
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
sale executed by the vendor, is not a suit
simplicitor for specific performance. It is submitted that suit insofar as it
seeks cancellation ... suit is a suit on title and not a suit simplicitor for specific
performance. Learned Counsel submits that in the case of a suit
plaint was couched in following words:
“A decree for specific performance of the agreement
for sale recorded in the document dated February
13, 2007 being ... that a suit for specific
performance simplicitor without a prayer for delivery of
possession is not a suit for land as Section
agreement. The respondent claimed that the application was
essentially for specific performance of the agreement which relief could not
be granted by the Court ... para 17
of the judgment that only a suit for specific performance simplicitor would
not be covered. But if the suit was not for specific
relate only to the
execution of any document and/or specific performance thereof simplicitor.
The disputes relate to possession of the said land which
Apex Court
that the suit for specific performance in simplicitor is not a suit for land
under the meaning of Clause 12 of the Letters ... with the contracting party, a decree for specific performance of
the contract of sale simplicitor, without specifically providing for
delivery of possession, may give complete
relate only to
the execution of any document and/or specific
performance thereof simplicitor. The disputes
relate to possession of the said land which
specific performance is decreed. The legislature
has now made a statutory provision enabling the
plaintiff to ask for possession in the suit for
specific performance ... specific
performance of the contract of sale. In a case
where exclusive possession is with the contracting
party, a decree for specific performance
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
