Specific performance of the contract
Jagannath Tiwari
(Querist) 29 July 2012
This query is : Resolved
whether the principals are duty bound to convey the property under specific relief act for which agreement for sale was entered into by the agent before his death on the basis of power of attorney created by the principals? If as, the section of the specific relief act under which the same is required to be done by the principals may be quoted and also if any case law of any high court and/or of supreme court may also please be mentioned.
Adv.R.P.Chugh
(Expert) 29 July 2012
An agent acts for the principal. If the agent has acted within it's authority then the law deems the principal has done it himself. It's a legal fiction. Hence since in the law agreement is deemed to be entered into by the principal - he has to perform his obligations and suit for SP can b e filed against him
