Suit for specific perforamnce of contract
Suresh Babu Rai
(Querist) 31 October 2013
This query is : Resolved
Respected Members!
I have filed a suit for Specific Performance of Agreement and for a declaration of registered sale deeds bearing No.12345 are null and vide in the year 2007. The facts of the case are:
The defendant No.1 offered to sell his house site plot and an agricultural land to the plaintiff for a valid sale consideration in the year 2006. The plaintiff has advanced some money to the defendant No.1 in respect of house site plot and agricultural land, an agreement of sale was reduced in writing on NJ stamp paper as required. The plaintiff and the defendant No.1 both have agreed to pay and receive the balance sale consideration on the date of execution of registered sale deed in favor of the plaintiff by the defendant within six months.
The defendant No.1 failed to execute the registered sale deed in favour the plaintiff as agreed by him in pursuance of agreement of sale. I have issued a legal notice for specific performance of agreement showing the readiness of the plaintiff in paying the balance sale consideration. But it has come in to the notice of the plaintiff that the defendant No.1 has executed a registered sale deed in favor of defendant No.2 in respect of house site plot and also executed a registered sale deed in respect of agricultural land in favor of defendant No.3 on the file of Sub-Registrar Office.
Immediately I have filed the above suit against the defendant No.1 to 3, who are natural brothers. During course of trail, the PW-1 and 2 examined and the matter is adjourned for Defendants evidence.
At this juncture the defendant No.2 entered in to compromise with the plaintiff, the terms of compromise is:
1. The defendant No.2 shall return the earnest money paid by the plaintiff to the defendant No.1 in pursuance of the agreement of sale along with 24 percent of interest.
2. The plaintiff shall relinquish his rights over the house site plot in favour of the defendant No.2.
The Court has recorded the terms of compromise between the plaintiff and defendant No.2 and the suit of the plaintiff is recorded as not pressed. Thus it is deemed that the defendant No.2 admitted the execution of agreement of sale by the defendant No.1 in favor of the plaintiff.
The suit is posted for evidence from defendant No.3 side. Whether I can call the defendant No.2 to give his evidence on behalf of the plaintiff in support of his claim. If so, under what provision?
Thank you one and all!
ajay sethi
(Expert) 01 November 2013
the house along with land has been sold by defendant no 1 to defendant no 2 by registered agreement . the consent terms signed relate only to said house plot wherein you have on recipt of consideration relinquished your share in the house .
the sale of agricultural land by Defendant no 1 is to defendant no 3 and an independent sale transaction .
evidence of defendant no 2 wont help you in your case against dfendant no 3
