Specific relief act applicability & limitation
Querist :
Anonymous
(Querist) 28 September 2011
This query is : Resolved
An oral agreement for sell a house took place. Advance money paid by bearer cheque and details written on plain paper in the presence of witnesses. After one month seller refused to sell the house and assured to refund the paid advance money. In two and half years he refunded in instalments but only 30% of advance money. Now he denying agreement and refusing to refund ballance money. My question is -
1- Can The Specific Relief Act / Specific Performance be applicable in this case?
2- Can I claim for refund only or for execution of sale deed only, according to the Specific Relief Act
3- From which date the Limitation period will be count in this case?
4- If any other way available for claim the refund in indian law, please suggest.
R.Ramachandran
(Expert) 28 September 2011
There is nothing left for you to ask for specific performance for the simple reason that you have settled for refund of the advance money.
Since the advance money was not entirely refunded, you can sue for the balance amount.
The limitation period would start from the date of last instalment paid by the party.
M.Sheik Mohammed Ali
(Expert) 28 September 2011
yes, i do agree Mr.RR view, you could not claim and implemented to sale.
Querist :
Anonymous
(Querist) 28 September 2011
Which act/rule can be apply for claim the refund balance amount.
Shastri J.K.
(Expert) 28 September 2011
I agree with mr.R.Ramachandran.
Raj Kumar Makkad
(Expert) 28 September 2011
You shall have to file suit for specific performance with prayer of only balance amount and you can also file suit for recovery. stamp duty shall be same in both cases.
prabhakar singh
(Expert) 29 September 2011
1- Can The Specific Relief Act / Specific Performance be applicable in this case?
Answer ,NO!
2- Can I claim for refund only OR....?????
YES,FOR REFUND ALONE.YOU HAVE ALLOWED THE AGREEMENT TO LOOSE ITS ORIGINAL CHARACTER BY ACCEPTING 30% BACK. INTEREST CAN ALSO BE CLAIMED.
3- From which date the Limitation period will be count in this case?
03 YEARS FROM THE DATE OF AMOUNT 30% PAID TO YOU.
4- If any other way available for claim the refund in indian law,????
There is no option but to file a suit of recovery,in practice even in your circumstances a lawyer will prefer to sue for specific performance,as Mr. Makkad is inclined,but the court will decree refund alone as Mr. Ramachandran advises.As no additional court fees gets involved ,lawyers are often inclined to claim both of the reliefs in alternative,that is usual practice.
Sailesh Kumar Shah
(Expert) 30 September 2011
I agree with common opinions of all experts.
