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Adhyan Singla (CA)     15 November 2022

Dispute on property

Can we File Specific Performance Obligation case on below Case

I have purchase the Advance LOI through property dealer who was Agreement holder. Agreement made on stamp paper of Rs 4000 with property dealer (Agreement holder) & Purchaser. 50% advance payment made to real owner through cheque specified the detail of cheque issue in agreement. Now dealer is refusing to transfer LOI as it was already been issued to farmer. Both farmer and dealer are not ready to transfer. can i file specific performance obligation case against farmer.

- As i had made agreement with dealer as agreement specify the name of owner but agreement signed by dealer & cheque was issued in the name of farmer and same was cleared from ban

 



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 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     17 November 2022

Plaintiff has a right of election whether to claim specific performance from the defendant or damages for breach of contract. The defendant does not enjoy any choice in this matter. As a general rule, specific performance is not often awarded in the contract of services.


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