Suit for specific performance
Dinesh
(Querist) 25 September 2012
This query is : Resolved
suit for specific performance..
agreement to sell take place on 01.04.2010 (plaintiff paid 1 lac) and 01.08.2010 date was fixed for execute of sale deed(have to paid remaining 7 lac).
on 01.08.2010 plaintiff not possessed with whole money and paid only 1 lac to defendant and next date 31.08.2010 was fixed for execution of sale deed.
on 31.08.2010 defendant come but plaintiff not come. then on 02.09.2010 defendant send a notice to the plaintiff to come on 08.09.2010 and get the sale deed executed, which was duly received by the plaintiff. but plaintiff again not come.. so according to the agreement to sell defendant for fitted the earnest money.
now plaintiff file suit for specific performance..
plz suggest some authorities in support of defendant (regarding if plaintiff not possessed with the sufficient money then its show that the plaintiff has not ready and willingness to perform his part of contract)...
thanks
Rajeev Kumar
(Expert) 25 September 2012
As per as contract act the above case is voidable contract and the seller can forfeit his earnest money and agreement is automatically cancelled.
Raj Kumar Makkad
(Expert) 26 September 2012
1. Delhi High Court
Smt. Laxmi Devi vs Shri Mahavir Singh on 1 May, 2012 RFA No. 556/2011
2. Supreme Court of India
Gomathinayagam Pillai And Ors vs Pallaniswami Nadar on 2 September, 1966
Equivalent citations: 1967 AIR 868, 1967 SCR (1) 227
