delay, the plaintiffs cannot be denied the relief of specific performance on the basis of absence of readiness and willing. The learned Senior Counsel would ... terms of Section 16 (c ) of the Specific Relief Act ?
2.Whether the suit for specific performance simplicitor in the absence of prayer for partition
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
must be stated that those authorities pertain to
the suit simplicitor for specific performance of contract of sale
of immovable property in which no decree
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
appellant did not choose to file suit for
specific performance and simply filed the simplicitor suit
for injunction, it implies that he had waived ... specific performance subsequently. There
is no explanation given by the appellant to justify his act
for filing a separate suit for specific performance later
which the
14
High Court had decreed the suit for specific
performance in part was wholly impermissible,
unwarranted and it was not expected ... decree in a suit for specific performance in
part or as a whole. However, High Court could not
have simplicitor inferred readiness and willingness
learned counsel for the petitioner that the Arbitrator erred in allowing specific performance of the Share Purchase Agreement at the instance of the seller ... Specific Reliefs Act which stipuates that except as provided by Chapter II of the Specific Reliefs Act , specific performance of the contract may be obtained
curtailed
except on such just grounds as, for example, unsuitability or
unsatisfactory performance. But, even where the tenure is not
specified, an order of reversion ... repatriation was not simplicitor. The respondents have
given specific reasons, although not recorded in the impugned order, as to
dissatisfactory performance of the applicant
plead that the agreement was not intended to be a sale agreement simplicitor, it has to be seen whether it was executed as a security ... parties was not for sale of the properties, the suit for specific performance based on such agreement has to be dismissed.
16. Similar view
property, and thus cannot claim impleadment, in a
suit for specific performance. It would not be out of place to
reproduce the relevant part ... would
stretch way beyond the confines of a suit for specific
performance."
Following the enunciation aforesaid, this Court does not find
any force
