Point for determination in a suit for specific performance
Querist :
Anonymous
(Querist) 05 November 2011
This query is : Resolved
WHAT ARE THE POINTS FOR DETERMINATION IN A SUIT FOR SPECIFIC PERFORMANCE?
AN INDEPENDENT DEED OF SALE DULY EXECUTED ON ORAL TERMS, BUT NOW THE DEFENDANT REFUSING REGISTRATION, CITING THAT THERE IS NO SUBSISTING AGREEMENT?
Kiran Kumar
(Expert) 05 November 2011
keeping in view the limited facts stated by you, the query is quite large.
otherwise, firstly the plaintiff will have to prove the execution of some agreement to sell or sale....Sale will only conclude with the registration of sale deed.
the plaintiff may prove the passing of consideration to the defendant but the question will be how to prove the sale in the absence of any written agreement.
prabhakar singh
(Expert) 05 November 2011
Yours is a query without fact.Its rather a question of pure law.
In a suit for specific performance if every thing is denied by the defendant,the question to be determined by the court would be:
Whether any agreement of sale was entered into between parties?
whether the plaintiff has ever been ready and willing to perform his part of the contract??
To what relief ,if any ,the plaintiff is entitled to???
Guest
(Expert) 05 November 2011
simply three points
part performance
possession
ready and willingness
if these things are complied
execution has to be proved.
Querist :
Anonymous
(Querist) 05 November 2011
instant matter--
SALE DEED EXECUTED ON STAMP PAPER. SIGNED AND FINGER / THUMB PRINTS.
SALE DEED WAS EXECUTED AS PER MUTUALLY AGREED ORAL TERMS.
NOW THE VENDOR REFUSING TO REGISTER, STATING ORALLY AGREED TERMS WERE DIFFERENT THAN IN THE EXECUTED SALE DEED and the agreement has expired.
SPECIFIC PERFORMANCE SUIT FILED BY THE VENDEE, within 118 days of execution, limitation under registration act not hit, but for larger relief of possession and damages, suit under spec. rel. act. READY AND WILLINGNESS OF THE PLAINTIFF PROVED AND ACCEPTED IN COURT. AD-INTERIM INJUNCTION ON SALE AWARDED.
THE DEFENDANT IN HIS WRITTEN STATEMENT--
1.HAS NOT SPECIFICALLY DENIED EXECUTION OF SALE DEED (possibly fearing the plaintiff refering it to the forensic experts for authenticity establishment)BUT EVASIVELY STATES THAT THE DEED COULD NOT BE EXECUTED BECAUSE OF THE PLAINTIFF'S UNWILLINGNESS,
2.CLAIMS THAT AGREED CONSIDERATION WAS DIFFERENT THAN IN SALE DEED, as the vendor intended to evade government revenue by under valuing the sale deed.
3.CLAIMS THAT ORAL AGREEMENT IS NOT SUBSISTING.
4. DEED COULD NOT BE executed and or REGISTERED BECAUSE OF THE PLAINTIFF'S LATCHES.
NOW WHAT ARE POINTS FOR DETERMINATION IN THE SUIT.
AND THE PROPERTY IS IN THE POSSESSION OF THE VENDOR.
