In Brief
The appellant purchased a plot by agreement in 1987 from the original defendant, who had booked it from a developer. When the developer issued a title deed to the original defendant in 1994, the latter illegally sold it to two others in 2002. The appellant sued in 2004 for declaration of ownership, specific performance, and an injunction, but had not made a specific prayer for specific performance in the plaint. The High Court reversed an appellate court's decree granting specific performance, holding that such relief cannot be awarded without an express prayer in the plaint. The Supreme Court upheld the High Court, noting the 17-year delay since the agreement and 10-year delay since the title deed, during which the plaintiff took no steps to enforce his rights. The appeal was dismissed, though the defendants agreed to pay Rs. 10 lakhs ex-gratia.
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