AIR 2009 MADHYA PRADESH 129 ::2009 (4) All LJ NOC 770 ::2009 (4) ALJ 770 ::2009 (5) ABR (NOC) 920 (MP) ::2009 (5) AIR Bom R 920 ::2009 A I H C (NOC) 654 (MP)

Madhya Pradesh High Court

Hon'ble Judge(s): A. K. Shrivastava, K. S. Chauhan , JJ

(A) Specific Relief Act (47 of 1963) , S.13(1)(a)— Rights of purchaser - Suit for declaration of ownership and injunction - On the ground that defendant entered into contract with plaintiff to sell property in dispute - During pendency of suit, patta granted to defendant and defendant became title holder - Agreement of sale in respect to suit property is still subsisting between plaintiff and defendant - Plaintiff can ask for grant of a decree of specific performance of contract in view of S.13 - S.13 is based on the doctrine "feeding the grant by estoppel". (Para 7 8) (B) Civil P.C. (5 of 1908) , O.6 R.17— Amendment of plaint - Proposed amendment is based on subsequent events - On basis of subsequent events even relief clause of plaint can be amended. (Para 9) .....