Suraj (student) 07 December 2009

Specific performance

There is a family partition suit pending which was filed in 2003 and one of the defendants in the same suit filed a separate suit for specific performance suit against the another defendant of 2003 suit, in 2004 based on the agreement to sell entered between the defendants.

The Impleding application filed by the plaintiff of 2003 case was dismissed by the Judge of 2004 suit. There is an injunction on the entire suit property for not alienating.

The specific performance case was decreed and one of the suit schedule property of 2003 case was registered by the court in favour of the defendant.

1. Is this sale deed binding on the plaintiff of 2003 case?

2. What remedy is available for plaintiff's

3. Please provide reference of some similar decided cases.

4. Most importantly why do you think courts give such illogical decisions?

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2 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 07 December 2009

The suit for specific performance is between the parties to the contract and for enforcement of contract. Hence the judge had right dismissed the impleading application by the third parrty. (plaintiff of 2003 suit). The injunction granted in 2004 suit would bind only the party to the suits and not the others.

1. No the sale deed is not binding on the plaintiffs of 2003 case, as they are not parties to suit of 2004. Futher decree in such suit is passed without adjudicating the title of the parties, hence no new title will be confered by decreeing specific performance suit..

2. Plaintiff can proceed with the partition suit as the sale is not binding on him. They are already remain as defendants in partition suit. As the right of parties will be decided in partition suit.

It is not stated by you as to how this plaintiff is aggrived by the sale between the defendants.

3. search for.

4. It is not illogical. Cause of action is different. Rights involved is different. Then it has to adjudicated.

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Suraj (student) 07 December 2009

Thanks Sir.

The plaintiff''s are agrived because, the sale deed has been executed for the property which is part of suit schedule property where there is a more than 2/3 share falling in the share of the plaintiff''s.

Also the partion suit is filed for division of propertly by, "meets and bounds".