Specic performance of sale agreement

Lakshmipathy (Querist) 15 June 2014 This query is : Resolved
Appeal by petitiooner for specific performance dismissed in lower court. Now on appeal in High court. If the appeal is upheld can the court order higher price to be paid as price has shot up pending the casein lower court and high court.

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Devajyoti Barman (Expert) 15 June 2014
No, the sale price fixed initially will only have to be paid.

Advocate. Arunagiri (Expert) 15 June 2014
If the sale price is fixed in the sale agreement, the petitioner / buyer has to pay the price in full.

Rajendra K Goyal (Expert) 15 June 2014
Sale price would not change.

Sankaranarayanan (Expert) 16 June 2014
The agreement should be followed

Raj Kumar Makkad (Expert) 17 June 2014
Nothing can be commented about the hike of the sale price because in many cases, high courts have enhanced the price of the property and buyers have accepted the enhanced cost and accordingly the matters have been decided accordingly. There are numerous of such cases.

T. Kalaiselvan, Advocate (Expert) 18 June 2014
Expert Mr. Raj Kumar Makkad is right in his observation about the subject issue. I agree with him. There are instances wherein the appellate court using its discretionary powers, prevailed upon the buyers to accept the enhanced price of the property owing to the inordinate time taken from the date of sale agreement till the disposal date of appeal.

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