-- Suit for declaration where oral agreement to sell is claimed , could not be entertained as an ordinary suit --- Requirements of settlement of agreement to sell , the payment of consideration amount must be mentioned in the suit -

 2023 MLD 511

Specific Relief Act ( I of 1877 ) ---

---- Ss . 9 & 42 --- Primary duty of the Court was that when suit was instituted / entrusted to the court , the court should examine the suit , its form and make its opinion regarding maintainability of the same --- Suit for declaration where oral agreement to sell is claimed , could not be entertained as an ordinary suit --- Requirements of settlement of agreement to sell , the payment of consideration amount must be mentioned in the suit --- Possession if claimed , also be mentioned in detail that how , when and in whose presence it was given and why it was not incorporated in revenue record , if the same was not mentioned there --- Suit for agreement to sell without prayer of possession , was not maintainable under the law .