Specific perfomance of

Querist : Anonymous (Querist) 31 December 2011 This query is : Resolved
Dear Experts,
My client was to receive a sum X from a middle-man as per out of court settlement of a "sale agreement" with vendors/defendants. However the middle-man could not pay money on time and made an agreement with my client as follows:

1) To pay 1.5X the money in six months therein, failing which he will transfer ownership of a land, he owns, to my client.
2) Cheques were issued for 1.5X money as a guarantee and to be returned when cash was paid.

The middle man has not paid money in stipulated time.

Questions :
1) What stand is court likely to take in decree: award money as compensation or specific performance to transfer land?
2) Is there any recent judgement in this type of case ?

Regards

santhosh

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prabhakar singh (Expert) 01 January 2012
The query is not clear to me.It appears you have complicated some simple facts.Please re write.

Raj Kumar Makkad (Expert) 01 January 2012
You should file a suit for recovery wherein move an application under order 38 rule 5 read with section 151 of CPC seeking attachment of plot mentioned in the agreement before judgment.

This shall suffice.

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