In the absence of a prayer for declaration the decree for specific performance of contract and permanent injunction would fail. The crux of the Supreme Court’s judgment has been given below.
I.S. Sikandar v. K. Subramani
As could be seen from the prayer sought for in the original suit, the plaintiff has not sought for declaratory relief to declare the termination of agreement of sale as bad in law. In the absence of such prayer by the plaintiff the original suit filed by him before the trial court for grant of decree for specific performance in respect of the suit scheduled property on the basis of agreement of sale and consequential relief of decree for permanent injunction is not maintainable in law.
I.S. Sikandar v. K. Subramani (2013) 15 SCC 27
