computed as if the suit were for the possession of such land or interest. to redeem.(ix) In suits against a mortgagee for the recovery ... instrument of mortgage; for specific performance.(x) In suits for specific performance (a) of a contract of saleaccording to the amount of the consideration
Specific Relief Act, 1963
21. Power to award compensation in certain cases.—
(1) In a suit for specific performance of a contract, the plaintiff ... substitution of, such performance. (2) If, in any such suit, the court decides that specific performance ought not to be granted, but that there
suit
for specific performance on 01.11.1991 against the defendants Sawhneys for
the specific performance of the agreements dated 29.05.1986. In the said
suit, the defendants ... person seeking
addition is added in such a suit, the scope of the suit for
specific performance would be enlarged and it would be practically
acquire any interest in the suit land and as the
pending suit by the first respondent was for specific performance of an
agreement which ... involved in the suit although
1
no relief in the suit was claimed against such person. Referring to suits
for specific performance, this Court held
held
above, cause of action in two suits being different, a suit for specific
performance could not have been instituted on the basis of cause ... suit for specific performance reads as under:
|54. |For specific |Three |The date of fixed for the |
| |performance of a |years |performance
give full effect
to the decree for specific performance. By the decree
for specific performance, the court sets out what it
finds ... that the
liability to deliver possession for specific performance was
necessarily implied in a decree for specific performance
directing the defendant to execute a sale
would be entitled to occupy
the suit premises as tenants of the vendor
till the suit for specific performance was
decreed. It was also urged ... case for part performance of the contract
has been made out. Here in the plaint
filed in the specific performance suit, the
case
such party is impleaded in the suit, the scope of
the suit for specific performance shall be enlarged to a suit for title
and possession ... added or impleaded in the suit, the scope of the suit
for specific performance of the contract for sale shall be
enlarged from the suit
Specific Relief Act, 1963
24. Bar of suit for compensation for breach after dismissal of suit for specific performance.—
The dismissal of a suit
Section 29 in The Specific Relief Act, 1963
29. Alternative prayer for rescission in suit for specific performance.—
A plaintiff instituting a suit
