Single Judge drew a
distinction between a suit relating to specific performance of a contract for sale of
immovable property simpliciter and a suit where ... Specific Relief Act. Decision categorically holds that a suit
seeking specific performance of an agreement to sell simplicitor even if it
relates to immovable property
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
limitation would first inquire as to whether any time was fixed for
performance of agreement of sale. If it is so fixed, the suit must ... filed
by plaintiff was merely seeking relief of injunction simplicitor without claiming
relief of specific performance of contract. Therefore, the present suit is not
maintainable
after obtaining permission. This
in effect amounts to a suit for part performance of
contract where the defendant claims to have
performed her part ... claim for specific performance of
contract simplicitor, but a suit for part
performance of contract, which entails
performance of the plaintiffs' part
specific performance is
concerned.
16. I am unable to appreciate the reasoning of the trial
Court distinguishing a suit for specific performance
from a suit ... sale by giving up the relief of specific
performance and that of a pure and simplicitor suit
for recovery of money.
19. The said finding
favour by the Decree Holder. The applicants are now
seeking the Specific Performance of the said Agreement to Sell/Addendum
against the Decree Holder ... cannot be permitted to convert the simplicitor Execution Petition into
another round of litigation in regard to Specific Performance of an
Agreement to Sell dated
Court fees for
filing suit for specific performance and therefore the suit is filed for
simplicitor injunction.
4. The suit came to be resisted ... funds for payment of Court fees, Suit was not filed for specific
performance and therefore there is no question of being ready and willing
impugned order, has
observed that the suit is not for specific performance but it is a suit for
declaration of title and permanent injunction only ... basis of agreement of sale, suit for specific performance has to be
filed and suit simplicitor for declaration of title and permanent injunction
complaint is not
entertainable by consumer fora and it is simplicitor case of specific
performance for execution of sale deed.
15. In the case
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. Therefore, the plaintiff
cannot get the relief even for permanent injunction
