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V.S.R.Deekshitulu (Advocate)     07 June 2020

Specific performance

Dear Forum members, here is a query.

Is it necessary that In a suist for specific performance, the calcellation of the the sale deed is required to be asked and valued which was executed by the vendor to 3rd parties pending the Sale agreement and before the filing of suit.See the frolowing judgments

2017(5) ANDHRA LEGAL DECISIONS.p 5(SC)= 2017 SC. 3934=2017(9)SCALE 411

 but see 2019(3)ANDHRA LEGAL DECISIONS. P. 75(Apeal Suit No 73 of 1997dt. 16-11-2018(A.P HC).



Learning

 2 Replies

KISHAN DUTT KALASKAR (Advocate)     07 June 2020

It is not mandatory as pers some judgments. A prayer may be included as such sale deed is not binding upon and shall be decred as null and void. It all depends facts of each case. 

V.S.R.Deekshitulu (Advocate)     07 June 2020

Then what about SC JUDGMENT, which I have shown in the tag

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