ADCON ELECTRONICS PVT. LTD. versus DAULAT AND ANR.

ADCON ELECTRONICS PVT. LTD. versus DAULAT AND ANR.

A suit filed for specific performance of an agreement to sell immovable property, without a specific prayer for delivery of possession, is not a 'suit for land' under clause 12 of the Letters Patent of the Bombay High Court. Relief under Section 22 of the Specific Relief Act, 1963 pertaining to possession cannot be granted unless specifically claimed.

Parties
Appellant/defendant: ADCON Electronics Pvt. Ltd.; Respondents/plaintiffs: Daulat and Anr.
Jurisdiction
India
Judgment Date
12 September 2001
Procedural Posture
Civil Appeal / Decision on Appeal From Bombay High Court Division Bench Judgment
Outcome
Appeal dismissed
Legal Topics
High Court Letters Patent Jurisdiction, Specific Performance, Suit for Land
Civil Procedure Property Law High Court Letters Patent Jurisdiction Specific Performance Suit for Land

Case Brief

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Parties

ADCON Electronics Pvt. Ltd.

Appellant/defendant

Daulat and Anr.

Respondents/plaintiffs

Procedural Posture

Civil Appeal / Decision on Appeal From Bombay High Court Division Bench Judgment

Legal Issues

  1. 1 Whether a suit simpliciter for specific performance of contract for sale of immovable property is a 'suit for land' under clause 12 of the Letters Patent of the High Court of Bombay

Ratio Decidendi

A suit filed for specific performance of an agreement to sell immovable property, without a specific prayer for delivery of possession, is not a 'suit for land' under clause 12 of the Letters Patent of the Bombay High Court. Relief under Section 22 of the Specific Relief Act, 1963 pertaining to possession cannot be granted unless specifically claimed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no costs imposed