LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Jasvinder   24 September 2024

Specific performance degree

The applicant enter into registered agreement to sell with a person for sale of his land for rs 240000. The applicant paid 200000 rs as advance by cheque and balance rs 40000 to be given in 18 months. After 18 months applicant called upon the seller to come and take rs 40000 and to execute saledeed. Seller did not return so applicant file a case of specific performance after paying court fees and file a case in court which was degree with order to execute saledeed and to give possession to applicant in one month. The said degree was awarded in the month of March 2024. Sir I want to ask what is the time limit to file execution and if a notice of degree is to be send to seller or direct execution case. The execution is not filed reason being seller is coming for some negotiation but same failed. Thanks in advance for your valuable advice.



Learning

 3 Replies

Dr. J C Vashista (Advocate )     25 September 2024

After July 2024 you should have filed an execution petition before concerned court.

What is the opinion and advise of the lawyer engaged / paid by you for proceeding in the suit?

T. Kalaiselvan, Advocate (Advocate)     25 September 2024

The time limit for filing an execution petition against a judgment in a specific performance suit is 12 years from the date the decree became enforceable. The petition must be filed in the court that originally had jurisdiction. 
 
 

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register