Refusal of specific performance plaintiff
Querist :
Anonymous
(Querist) 20 October 2011
This query is : Resolved
A and B trustees,join their benificiary,c in a contract to sell the trust estate to d and personally agree to exonerate the estate from heavy encumbrance to which it is subject.the purchase money is not nearly enough to discharge those encumbrances,though at the date of contract,the vendors believed to be sufficient.specific performance is refused to d.
why specific performance is refused to d(defendent).
Raj Kumar Makkad
(Expert) 20 October 2011
Property of public charitable trust under encumbrance could not have been agreed to be sold by trustees as done in the presence case. A most important term of sale-deed is that the property under sale is not having any encumbrance whereas this property was having encumbrance on the day of agreement so court rightly refused specific relief in favour of defendant.
