take personal
interest in the case.
26. The matter for specific performance simplicitor
being kept pending by the trial Court for a period
present suit is also not a suit in the
sense that specific performance of only a contract is sought.
The provisions of section ... present suit filed by the plaintiff is not a
suit simplicitor for specific performance. It is a suit to
enforce the compliance with a statute
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
also held that a simplicitor suit for recovery
would not be maintainable without applying for the relief of specific
performance. The said judgment was reversed ... also
submitted that a simplicitor suit for recovery would not be maintainable sans
the plea of specific performance, as specified in Section
upon in a suit for specific performance.
C. The Civil Court had limited jurisdiction in a suit for
specific performance in as much as title ... 4614 of 2012 (O&M) -7-
that simplicitor cannot convert a suit for specific
performance into a declaratory suit where title
plaintiff sent legal notice dated
22.02.2006. The suit for specific performance was filed in 2008. No
explanation of readiness and willingness throughout this period, after ... absence
of challenge to the cancellation and forfeiture, simplicitor suit for
specific performance was not maintainable, in view of the ratio
decidendi culled
could not have even ordered for refund of the amount in a simplicitor
9 of 10
::: Downloaded ... aware of this fact and
intentionally chose not to seek the specific performance of agreement
to sell. The lower Appellate Court being the last court
Plaintiff has not filed the suit for the relief of
specific performance and/or transfer of the suit property in the
name of Defendant ... Plaintiff itself is not
maintainable, as it is not for specific performance of any
agreement, nor the Plaintiff is in possession of the suit
property
appellants submitted inter alia that the suit itself
was filed for injunction simplicitor, it was filed nine years
after the agreement and during the pendency ... file
a suit seeking specific performance had never arisen and they
were justified in filing the suit for injunction simplicitor.
5
Without going into
held that;
the plaintiffs are entitled to claim the
relief for specific performance of the
contract. Since the plaintiffs are entitled
to another equally efficacious ... suit for specific performance
of the contract under Section 19 of the Act, necessary
relief of specific performance of contract can be
obtained through such