Specific performance

Querist : Anonymous (Querist) 04 December 2011 This query is : Resolved
a person enters into an agreement for purchase of property, as the seller is not prepared to execute the sale he files a suit for specific performance, but he dies while the suit is pending, his legal heirs are impleded but non of them are interested in the property, they want the advance paid by their father to be repaid to them by the defendant with or without interest, can the suit be decreed/dismissed by the court suo moto directing the defendant to pay the advance received by him from the original plaintiff with or without interest, without going further with the trial of the suit, any judgements to support?

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prabhakar singh (Expert) 04 December 2011
Negotiate and compromise.There is no question of passing any sou motto order of decree or dismissal unless some default of attending the date or not adducing the evidence occurs on the part of the plaintiff.

Rajeev Kumar (Expert) 05 December 2011
Agree with Prabhakar sir

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