...all suits for specific performance, the plaintiff is entitled to seek alternative relief in the event the decree for specific performance cannot be granted for any reason, hence there is ...defendant did not comply with the requirements which necessitated the plaintiffs to file the suit for specific performance or in the alternative refund of earnest money with interest thereon @ 15%...to dispose of the same to others at a higher price. In view of the same, the plaintiffs are not entitled to discretionary relief of specific performance of contract.6. ...

..., and such date was not fixed immediately on conclusion of hearing.Appearing for the respondents, it was argued that there was provision for appeal against such order in the statute itself, but the p...petitioner and the Employees' State Insurance Corporation.Under challenge in this proceeding is an order passed under...impugned was assailed on merits, I would have accepted this submission. In the writ petition there is pleading on merit seeking...

...suits for specific performance, the plaintiff is entitled to seek alternative relief in the event the decree for specific performance cannot be granted for any reason, hence there is no i...submissions made by the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondent.8. The point in issue is whether an ...for refund of the earnest money, namely Rs. 20,000/- paid as advance. As rightly pointed out, the claim for refund of earnest money is only their alternative claim. It is not in dispute that in all...

...an alternative relief in the event of their being found not to be in possession of the property; and as the trial court had dismissed the suit in accordance wit...provisions of section 42 of the Specific Relief Act, this defect was fatal to the suit, and therefore they prayed that they should be allowe...directed that costs should be paid to the respondents; and the order which I am asked to revise is a subsequent one passed in the following words: “Costs of both the courts paid to respondent. The...

.... Thirdly, they sue in their individual capacity as members of such community. 7. Two sets of relief are claimed in the plaint. The first, which I may call, the primary ...plaintiffs as such trustees (Clause c), and for further relief ancillary to that mentioned (Clauses e, g, h and i). 8. The plaintiffs, however, go on to pray as an alternative case that, in.... 13. For the plaintiffs it has been contended that this suit and in any event that portion of it, which seeks the primary relief, to which I have referred, does not come within this...

...change the nature of the suit. The substantial case sought to be made by the plaintiff will in no case be changed merely on the ground that -the plaintiff wants to seek and ...case, as I have already pointed out, the structure of the original case put forward by fee plaintiff remains unchanged and the amendment is substantially confined to the nature of the relief which...amendment which the plaintiff has proposed in the original plaint is to add a relief in the nature of an alteranative relief for a decree for the money value of the bull...

...granting the decree for specific performance should exercise the discretion on sound principles of law. In the event of working out the equities, the courts would in an appropria..., good conscience and fairness to both the parties. Considered from this perspective, in view of the fact that the respondent himself had claimed alternative relief for damages, we think that ...appellant is prepared to pay a sum of Rs 10 lakhs as alternative relief; though the respondent claimed Rs 12,000 instead of granting specific performance at this distance of time which would be unjust...

...permanent injunction against Sri D. Puttaraju with the prayer for an alternative relief in the event of Court opining that Sri D. Puttaraju is in possession of the subject proper... - 1 - WP No. 11887 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU D...OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE PRL.CIVIL JUDGE AND J.M.F.C., KOLAR IN O.S.NO.733/2007 REJECTING I.A.II, FILED...

...alternative relief in the event of decree for Specific Performance of Contract cannot be granted for any reason. The relevant observation in the above said dictum of the...all suits for Specific performance, the plaintiff is entitled to seek alternative relief in the event of the decree for Specific Performance cannot be granted for any reason,hence there i...? ii) Whether the grant of relief of Specific Performance of Contract by the trial Court, rejecting the alternative relief is sustainable? Iii)Whether ...

....4. The plaintiff preferred an appeal. He also sought for an amendment of the plaint so as to seek relief of recovery of possession in alternative to the relief...R.C Lahoti, J.— The plaintiff, who has lost in a suit for declaration of title and issuance of preventive injunction, in the alternative for recovery of possession, from ...proving the competence of the testator and execution of the will in the manner contemplated by law. The contestant opposing the will may bring material on record meeting such prima facie ...

...alternative relief in the event of the ingredients of section 8 of the Specific Relief Act not ...the amendment is substantially confined to the nature of the relief which the plaintiff may be entitled to in the event of succeeding in establishing his title to ...in such circumstances should reasonably have been refused upon the footing that such an alternative relief was barred by limitation...

...defendants trespassed into the suit land and stored materials for construction and attempted to dispossess the plaintiffs, and therefore, filed the suit seeking the relief of confirmation of possession and...evidence brought on record, it was established that the defendants dispossessed the plaintiffs and therefore, the relief of recovery of possession can by no stretch of imagination be held to be without pleadings, i.... 11. When evidently the plaintiffs made the prayer for confirmation of possession and in the alternative prayed for recovery of possession, in the event of ...

...materials for construction and attempted to dispossess the plaintiffs, and, therefore, filed the suit seeking the relief of confirmation of possession and alternatively recovery of possession in ...that the defendants dispossessed the plaintiffs and, therefore, the relief of recovery of possession can by no stretch of imagination be held to be without pleadings, inasmuch as, the plaintiffs clearly so...the prayer for confirmation of possession and in the alternative prayed for recovery of possession, in the event of the plaintiff being dispossessed during the pendency ...

...distinguished especially as it is not the Petitioner's contention that the said Agreement for Sale was either void or voidable. In the present case, we note that the said Complaint not only seeks ...Sale. In the alternative to this main relief, the Page 2 of 10 Complaint sought appointment of a...invited to the provisions of Section 31 of the Specific Relief Act, 1963 (SRA) which are found in Chapter V therein, which deals with the topic of Cancellation of Instruments. For the sake ...

...(died), the vendor under the agreement for sale, ranking him as the first defendant in the suit and arraying Thangaraj, the 4th appellant herein as a co-defendant and ranking him as second defenda...the payments evidenced by Exs.A1 to A5 were proved. Only based on the said finding, the learned trial judge chose to grant the alternative relief of refund of advance amount with interest....court was liable to be modified by granting the relief of specific performance as per the main prayer instead of the alternative prayer for refund of advance amount with interest. In such cases...

...consideration only by way of grant of an alternative relief in the event of non-delivery. Hence, assuming that there was an accurate valuation of the movables in question even at ...cannot now prevent the court from going into the question of valuation for the purpose of granting the alternative relief while ordering delivery. I must, therefore, reject this contention of Mr...1. This Civil Revision Petition arises in certain proceedings following the execution of an order of eviction obtained by a landlord against his tenant under the Tamil Nadu Buildings...

...schedule property is allotted to his share in the oral partition in the month of November, 1992 and since then he has been enjoying the suit schedule exclusively.4. He has sought for ...1. The petitioner-defendant in O.S No. 455 of 2006 on the file of Civil Judge (Senior Division) Ramanagar, is before this Court praying to quash order dated 15-12-2009 passed on I.A No. 5...signatures for comparison and report and the Trial Court erred in allowing the application.3. The respondent has filed suit against present petitioner for declaration that the suit...

...community.Two sets of relief are claimed in the plaint. The first, which I may call, the primary relief and the second is alternative relief in ...(cls. e, g, h and i).The Plaintiffs, however, go on to pray as an alternative case that, in the event of the Court being of opinion that their appointment as trustees is not valid, ...case that they are trustees, then the alternative relief sought in cls. d and f of the prayer of the plaint become unnecessary; for if they be held to be trustees, there is no necessity for ...

...removal of the appellant trustee as a trustee being alternative one, there will be no occasion to grant the said alternative relief in the event of the relief s...interdicted by an order of a court, the aid of which the petitioner seeks”.8. In fact the relief with regard to the removal of the appellant as trustee is only an ...Act seeking the relief of directions to the appellant to make over all the fruits of the Trust to her including the shares, monies FD Rs which the trust is holding in ...