LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RAGHUNATH G L (ASSISTANT MANAGER)     15 May 2020

Specific Performance case Judgement

Sir,
I'm Defendant..

Recently we got the judgement in specific performance case as to refund the advance with 9% of intrest till the date of Payment...

Sir my doubt is

1. Wether we have to pay full payment in one time with advance amount and intrest together

2. Can we ask in court for Payment in installments of 2 or 3.

Like full paymemnt within in 6 months.

Advance amount: 10 Lakh
Intrest amount: 5 Lakh
Total=15 Lakh


Learning

 7 Replies

P. Venu (Advocate)     15 May 2020

You need to work out the isse with the decree holder. Else, you can wait till the Execution Petition is filed and seek orders of the court in paying instalments. However, it is the invatiably  the case that the decree holder would seek the arrest and detention of the decree holders (Women are exempted) while approaching the court for execution.

It is important whether any property has been attached prior to Judgment? If so, you need to take immediate action to satisfy and seek the property released. 

G.L.N. Prasad (Retired employee.)     15 May 2020

This is the member's first query and finally after 9 months and after many, many queries later, the present query was posted.

"Recently I observed a friend purchasing agricultural land Made an agreement of 26 Lakh After 3 month registered for 42 Lakh stating market value is high... But actually Buyer paid only 26 Lakh to seller, where as guidance value as on date is 10 lakh only... What is the logic of registering(42 Lakh) by buyer higher value than what they paid (26 Lakh) , even when guidance value is much lower(10Lakh)."
 

Is it not appear proper if members post full and straight -facts rather than twisting and turning facts into stories, in their own interest for precise guidance.?

RAGHUNATH G L (ASSISTANT MANAGER)     15 May 2020

@G L N Prasad:
Both my quires are not related to each other...

Their is no twisting and turning facts...

Sorry if my quires have made to feel like that....

Current quire is very much fact and true....

KISHAN DUTT KALASKAR (Advocate)     15 May 2020

It will any way take more than 6 months. Nothing to worry.

Dr J C Vashista (Advocate)     15 May 2020

Wait for execution petition if you are not moving in appeal.

What is the advise of your lawyer who is well aware about facts of the case and judgment? Follow him.

RAGHUNATH G L (ASSISTANT MANAGER)     15 May 2020

@Dr J C Vashista
Sir,
Our side lawyer saying will wait for Appeal period after that will pay amount (One Time full) to court even if plaintiff didn't come forward with execution petition....

Dr J C Vashista (Advocate)     17 May 2020

If you are satisfied with the order/ judgment passed and decree drawn against you and have decided not to move in appeal, it is better to submit the amount in the account of plaintiff / decree holder. If the plaintiff/ decree holder do not accept move an application before the same Court for depositing the amount.

What is the purpose of withholding the decreetal amount, which is further accumulating by interest there upon, if allowed.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register