Specific performance

Querist : Anonymous (Querist) 22 December 2020 This query is : Resolved
A person entered into registered agreement to sell for some land. During agreement seller sold some piece of land which he entered in agreement to sell. What remedy purchaser will get from court of law after filing specific performance case. Any case Law. Thanks

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Isaac Gabriel (Expert) 22 December 2020
If the sale agreement was registered, the prospective buyer may file case.If not registered, try to compromise.

Querist : Anonymous (Querist) 22 December 2020
Its registered and buyer will file case.i want to ask will court give possession to buyer or only damages.

Advocate Bhartesh goyal (Expert) 22 December 2020
It all depends on pleadings and evidence of parties.

P. Venu (Expert) 23 December 2020
It is more than likely that the Court will decree specific performance than damages.

Rajendra K Goyal (Expert) 23 December 2020
Agree with the advice from expert Advocate Bhartesh goyal.

Dr J C Vashista (Expert) 24 December 2020
File a suit for specific performance.
Being an anonymous author and a lawyer what do you expect from experts ?

Guest (Expert) 24 December 2020
No Predictions could be made on Court Orders. Only your Pleadings and Grounds would decide it. as Rightly Said by Learned Advocate Mr.Bhartesh Goyal

Querist : Anonymous (Querist) 24 December 2020
I want to ask as registered agreement of sell is done in my favour and seller dishonesty sold somepiece of land of agreement.
I want that court cancel that saledeed and give instructions to seller to execute saledeed in my favour as my agreement is before that saledeed.

Rajendra K Goyal (Expert) 24 December 2020
All depend on court to decide on the basis of pleadings and proofs, whether sale deed need to be cancelled.

You have to prove why you did not move for stay on registration of the sale deed to other person.

K Rajasekharan (Expert) 24 December 2020
The law that governs the Specific Performance Case confers wide discretionary powers upon the courts in granting relief in specific performance.

Therefore nobody can predict what the court would decide depending on the specific facts of the case in hand.

Even no court above can give a straight jacket formula in deciding such a case that must be decided based on exercise of court’s discretion.

Dr J C Vashista (Expert) 25 December 2020
Specific Relief Act, 1963 (amended in 2018) is completely discretionary.

P. Venu (Expert) 27 December 2020
To my knowledge, the 2018 amendment has provided higher level of certainty to the Specific Relief Act. At present Section 10 reads as follows:

“10. The specific performance of a contract shall be enforced by the court
subject to the provisions contained in sub-section (2) of section 11, section 14 and
section 16.”.

As such, granting specific relief is no longer the exception, but the norm. The very nature of specific relief as a remedy has been altered from a an equitable and discretionary remedy to a statutory one.