If the aggrieved person chooses to file a suit under Section 6 of the Specific Relief Act, for possession and recovers possession under a decree in such a suit, it will be an eviction of the person found by the Magistrate in possession in due course of law. 223/2000) for permanent injunction against the defendants. suit for specific performance of contract declaration of title and delivery of possession of suit property. Through this R.F.A, the appellants have challenged the validity of judgment & decree dated 23.12.2014 whereby the learned Civil Judge 1st Class, Bahawalpur dismissed the appellants’ suit for specific performance of oral agreement to sell dated 22.11.1984 and decreed the respondent’s suit for declaration and possession. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead. It is submitted that in absence of any specific prayer in the plaint/suit asking the decree of specific performance of Agreement to Sell, as rightly observed by the High Court, the first Appellate Court was not justified in granting the relief of specific performance of agreement to sell dated 20.4.1987. Suit for specific performance sample draft in MS Word and open text format for civil law practice. S-12 would include cases which fall under s-56 of the contract act. It must, therefore, also be remembered that if a suit for specific performance is being dismissed, the agreement would become unenforceable. May be granted with or subject to special conditions or restrictions given in the sub-section (2) to (4) of the section. In a suit for specific performance is discretionary—The Court is not bound to give such a relief merely because it is lawful to do so—In consideration of the facts and circumstances of the case, specific performance would give the plaintiff an unfair advantage over the defendants and as such it is a fit case where the decree for specific performance should not be granted as a matter of course—The … According to Section 16 (c) of the Specific Relief Act, 1963 in order to get a decree for specific performance of contract, the plaintiff is not only required to aver his readiness and willingness to purchase the suit property all throughout in his pleadings [9] but he is also required to prove his readiness and willingness to perform his part of the obligations under the contract all throughout in course of … As a general rule, Court compels specific performance of the whole contract. not permit the plaintiff to file the suit for specific performance of agreement in question against the defendants. The Bombay High Court held that a suit for specific performance cannot be allowed to be converted into a suit for title of a stranger and for possession by allowing impleadment of … It was alleged that relief to claim specific performance of agreement was available to the plaintiff when she filed the first suit (OS No. This provision provides specific performance. Specific Performance: Overview Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. Draft of Suit for Specific Performance IN THE COURT OF SENIOR CIVIL JUDGE, KARACHI Syed Noor Ali son of Syed Amir Rasool, caste by Syed, R/O …

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