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Querist : Anonymous (Querist) 14 January 2011 This query is : Resolved
X contracts Y to sell a piece of land consisting of 200 bighas of land for 3 lakhs, it turns out that only 100 bighas belongs to X.
Can X demand specific performance of the contract
What are the rights of Y here in this case ?

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adv. rajeev ( rajoo ) (Expert) 14 January 2011
If x is the owner of 100 bighas he cannot sell more than that, if he sells it and your purchases it then you will be under trouble. You pay the price of the 100 bighas only.

Advocate. Arunagiri (Expert) 14 January 2011
If X had agreed to act as a broker for buying 100 bighas, you cannot demand specific performance of the contract. It is only a consultancy job.

Querist : Anonymous (Querist) 14 January 2011
Thank you for the reply

Devajyoti Barman (Expert) 14 January 2011
Y can sue x for retuen of the price ment for the other 100 bihas. Alternatively he can sue x for committing as well.

Kirti Kar Tripathi (Expert) 15 January 2011
I agree with Experts. Since a person can not sale the property other than property, which he has. In case, he has made any contract to sale any property, which does not belongs to him, the said contract is void to that extent. However, the aggrieved party has a right to claim the consideration and damages and compensation for the action of mis-representation made by the other party.

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