Specific performance of contract

PPBiswas (Querist) 11 December 2013 This query is : Resolved
I'd my clinic in a rented room. Landlord wanted to demolish the building and build a new one. A tripartite agreement was signed between tenant, landlady and promoter/developer whereby tenant agreed to shift his clinic to a temporary room in the rear of the building for four months after which he would be provided a new room in the same position as previously held. Tenant agreed to purchase the new room at cost price. Promoter also agreed to pay some shifting charge and promised compensation for any delay in handing over of new room. But even after two and half years, promoter has not completed the new room and has not registered the room. My questions are:
1. whether tenant can approach court for enforcement of specific performance of contract and get the room registered in his name from court?
2. If the penalty for delay payable by promoter exceeds the cost price payable by tenant/purchaser, how much would have to be paid to court(barring expenses) to get the room registered in his name from court?

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Raj Kumar Makkad (Expert) 11 December 2013
1. Yes.

2. Cost and penalty are two different things and both shall be calculated separately.

Guest (Expert) 12 December 2013
Please tell us whether the tri parte agreenent is a registered or unregistered document.whether it specifies any period for completion.Also tell us how the land lady allowed the tenent to enter in to agreement with her builder in what capacity

prabhakar singh (Expert) 12 December 2013
Yes! First clarify facts as asked by Mr.Narasimha.

T. Kalaiselvan, Advocate (Expert) 12 December 2013
On clarification of the doubts raised by expert Mr. Narasimma, appropriate suggestions can be offered.

Rajendra K Goyal (Expert) 12 December 2013
In the given facts, agree with the advise of expert raj kumar makkad ji.

Raj Kumar Makkad (Expert) 12 December 2013
Tripartite agreement is required to be registered

PPBiswas (Querist) 13 December 2013
Facts:
1.Agreement is unregistered.
2.Time limit was four months for completion and handover failing which promoter would have to pay penalty at a rate fixed per month of delay. Now it is two and half years so promoter is already late by twenty six months.
Questions:
1.Whether agreement needs to be registered to claim specific performance of contract?
2.Whether agreement can be registered now?
3.Whether tenant should approach court or consumer forum?

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