also not valued for the same. The suit is
filed simplicitor specific performance of the sale deed.
8. The agreement in this case has been ... sale deed
and possession too. The suit was only simplicitor for
specific performance of the sale. When the another sale
deed is existing in respect
with the contracting party, a mere decree for specific performance of the
sale simplicitor without specifically providing for delivery of possession would be the
complete ... with the contracting party, a decree for specific performance of the
contract of sale simplicitor without specifically providing for delivery of possession
would give complete
services of Respondent No.1 in a
simplicitor manner while he was on probation. The
unsatisfactory performance of a probationer and
resultant dispensation of service ... termination of service lies in a specific act of
misconduct, regardless of over all satisfactory
performance of duties during the probation period, the
Court will
above said property
mentioned under the heading of suit for specific
performance in favour of the plaintiffs as prior the
defendants have sanctioned mutation ... uncle and two cousins.
6. Hence, it is not a simplicitor suit for specific performance of
the agreement. Learned counsel representing the petitioner fails
July, 2022
A suit for specific performance of contract
for sale and a suit for injunction simplicitor
were tried jointly in which the trial court ... decreed in part the suit for specific performance
in O.S.No.449/1995 directing return of the
advance amount with interest @ 12% per annum
court found that the plaintiff is not
entitled to decree for specific performance, however, after finding that
the agreement to sell was entered into upon ... counsel that it is a simplicitor recovery decree is not correct
because the suit was originally, for specific performance of the
agreement to sell
file a suit seeking specific performance or in alternative suit
for recovery of the amount paid. Suit seeking injunction simplicitor
filed by the appellant ... present case is not maintainable,
without seeking any relief for specific performance. Respondent
has also raised an objection in this regard, upon which issue
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
relief of specific performance of such agreement to sell as the
same was unregistered, the plaintiff filed a suit simplicitor for permanent
injunction only ... substantive relief,
namely, in the present case the relief for specific performance.
5
Therefore, the plaintiff cannot get the relief even for permanent injunction
Abhay Jain vs High Court Of Judicature For Rajasthan on 15 March, 2022
Author: Vineet
