Specific Performance of Contract
Adv. Deepak
(Querist) 27 December 2009
This query is : Resolved
My client entered into an agreement to sell ancestral agricultural land belonging to herself and her daughters. Transaction did not materialise as the party expressed doubt that some other civil suit in respect of the said land going on. Actually, the other civil suit has been in favour of my client. The party initiated civil suit in 1997 for specific performance of contract. Party says that my client has signed the agreement being a power of attorney on behalf of her daughters and her daughters gave power of attorney in my client's name. There is no such power of attorney in existence. On my application, the court has directed the party to produce it as soon as traceable. Party has not produced the same. Interim injunction is granted against my client. My client came to me in 2003. WS could not be filed within time. The party has expressed objection to accept WS filed by me. Hearing is on 6th January. What is the way out in such a situation? Can I proceed further without filing WS? What are the side effects? Can I compel the other side to produce power of attorney? The case is based on agreement signed by my client and the signature is alleged to be on behalf of her and on behalf of other share holders in the ancestral property. Request your expert advice. Regards.
adv. rajeev ( rajoo )
(Expert) 27 December 2009
your ws is necessary to defend your case. go with hearing on the application filed to file a WS by condoning the delay. To condone the delay reasonable grounds are necessary.
If your application is rejected challenge it in the High Court.
even if application to file WS is not allowed you can cross examine the other side on the legal points.
niranjan
(Expert) 27 December 2009
There are judgments where the WS is taken on record by awarding cost.
Ashok Yadav
(Expert) 29 December 2009
In regard of filing of WS i am agree with Mr. Rajeev.
And in regard of singing of agreement to sell by mother on behalf of the daughters, the daughters are not liable to bound with that agreement because they are absolute owner of their share, if they did not give any power of attorney they r not bound to sell the property, the share of mother will be sold to other party on behalf of that agreement.
