Law: Specific Relief Act, 1877

Section: 21

(a) Specific Relief Act (I of 1877):---- S. 21-Specific performance of contract--Averment in plaint not mentioning property as a house or shop but giving its khewat, khatauni, and khasra numbers as well as area and boundaries-Defendants in their written statement admitting such description as correct-Plea of defendants-appellants having not authorised sale of house comprised within such land not found in written statement anywhere even by implication nor such plea raised in grounds of appealDefendants appearing as defence witnesses categorically admitting to have agreed for sale of their house--Plea, held, an afterthought and could not be raised in second appeal and appellants in fact entered into agreement for sale of whole property.-[Second appeal-Plea].(b) Maxim---- Secundum altegata et probata (Before anything is sought to be proved it has got to be alleged)-Plea not raised at any of earlier stages of trial-Not allowed to be raised before High Court.--[Plea].(c) Specific Relief Act (I of 1877)S. 2l-Specific performance of contract--Notice-Contention that no notice having been served on appellants by respondent calling upon them to have sale-deed registered in respect of property agreed to be sold by a particular time-Held, respondent not obliged under any law to serve such notice nor such condition having been specifically stipulated in agreements, non-service of notice not fatal to suit for specific performance of contract.-[Notice-Contract].(d) Civil Procedure Code (V of 1908)-S. 10-Stay of suit-Subject-matter in both suits same and parties in both cases also same-Subsequent suit to be stayed-Contention that appellants having subsequently filed a separate suit for declaration in respect of such matter and such suit having been pending, trial Court should have stayed suit under appeal pending decision of declaratory suit, held, without merit.-[Stay of suit].(e) Civil Procedure Code (V of 1908)---. O. VI, r. 4-Fraud or misrepresentation, plea of-Plea of fraud or misrepresentation without particulars.-Not an adequate plea-.General allegations, however, strongly worded-Not sufficient even to amount to an averment of fraud, misrepresentation, etc. to be taken…