claim for specific performance is a separate cause while
the subsequent claim for possession on being successful on the claim for
specific performance, another separate ... after the document is executed. According to him, a suit for specific
performance simplicitor may not be a suit for land but the principle
executed in favour of the defendants, has laid the suit simplicitor for specific performance.
27.In this connection, the learned counsel for the defendants
specific performance of contract. Where there was no such clause found in the contract for sale of immovable property, the plaintiff, who seeks for specific ... contemplation of the scheme of the pleadings, the suit filed simplicitor for specific performance of agreement for sale will have to be necessarily construed only
specific performance can be filed. The suit for
recovery is only an alternative relief. In the absence of suit for
specific performance, no simplicitor suit ... applicability of Section 41 (h) of Specific Relief Act to suit for
recovery of suit for specific performance.
7.5. Relevant portion of Section
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
specific performance obtained
by the defendant herein cannot be executed. He submits that the
suit filed by the plaintiffs herein for injunction simplicitor was
maintainable ... suit for specific performance in respect of the suit property in which
the learned trial judge had passed a decree for specific performance
and also
complaint is not entertainable by consumer fora and it is simplicitor case of specific performance for execution of sale deed. Appellant has not placed ... case of simplicitor sale of land, complainant ought to have filed suit for specific performance and consumer fora had no jurisdiction to entertain complaint
specific performance obtained
by the defendant herein cannot be executed. He submits that the
suit filed by the plaintiffs herein for injunction simplicitor was
maintainable ... suit for specific performance in respect of the suit property in which
the learned trial judge had passed a decree for specific performance
and also
Micky Chowdhury, Adv.
The Court : The suit as framed is one for specific performance of an
agreement for a film to be shown only ... amendment was to convert the suit for
specific performance of an agreement into a claim for damages simplicitor. The
application for amendment was allowed
cases of agreement for specific performance for the enforcement of a
contract of sale and for execution of a conveyance simplicitor, there ... referring to paragraph 8 in Debendranath (supra), Courts have decreed
specific performance as a decree in personem which the Courts could
enforce against the defendants
