#Specific Relief

Andhra Pradesh High Court rules that plaintiffs can amend pleadings under Order VI Rule 17 CPC to include a possession claim even after nine years, provided the amendment is filed within the 12-year limitation period and does not alter the suit’s fundamental nature. This decision clarifies the scope of permissible amendments in property disputes, reinforcing flexibility in civil procedure.

Madras High Court rules that a plaintiff need not seek recovery of possession to obtain a mandatory injunction under the Specific Relief Act if ownership and unlawful encroachment are established through documentary evidence and defendant’s admissions. The ruling simplifies relief for property owners facing encroachment, eliminating the need for dual claims.

Madras HC rules that a money decree cannot substitute specific performance when the underlying sale agreement is merely a security for a loan. The court emphasized that converting the suit without proper pleadings violates procedural fairness, setting aside the trial court's decree of Rs. 13,00,000.