Sui9t for Specific performance of Contract

Dear Sir,

The said clause that whenever B calls A to come and execute the sale deed is itself very ambiguous and hence it is void, for the reason of uncertainty.  The terms of the agreement particularly which are sought to be enforced by way of specific performance must be certain and unambiguous.  In this case the clause as stated above is ambiguous and the agreement cannot be enforced irrespective of the other good defence of limitation raised by you.

Best regards

Thanks Krishna Sir,

You calrified my doubt.  Ac tually within three years  B had issue notice to A because time start running from the date of exeuction of the AOS

An sale agreement made between seller and purchaser with all terms and conditions that seller has to bring all signature's needed, and other formalities has to be completed on Rs.50/- (stamp paper of witnesses's name) and agreed by seller i.e. One her husband, her son and herself all signed in front of witnesses and I have also signed the agreement in the presence of Bible that both should not decesive each other. I, as purchaser was ready to pay the full amount within 15-20 days to complete all the formalities. but in the meantime her sister in law, signed the vatnipatra, her brother in law and others signature on the stamp paper since we , as purchaser and seller and one witnesses has signed the document.  This was in 24th October, 2004. The stamp paper received from Church authorities since we do nto want to quarrel where i am going to build a house I want peace of mind.  During 2007 I have sent a legal notice through advocate but no response. Again we have sent a legal notice in Nov. 2009 and in Jan.,2010 but so far seller is not turning up. Can I file suit against seller under specific performance that first get into an agreement, receive earnest money and then deny for execution of sale deed. Please advice me accordingly. I am as purchaser is ready to pay the full amount now also. Please guide me accordingly.

thanking you,

yours faithfully

tereza

In my opinion the suit for specific performance of contrct can not be dismissed on the sole ground of limitation. you should prosecute the suit further. in your case no time has been fixed for performance of the contract. Moreover, the duty is cast upon B to call A for executing the sale deed which he can not shift on A. the cauase of action arises only when A refuses to execute the proposed sale deed on being called by B.

I opine that the sale agreement between A and B is an agreement enforced at will. The registration of the instrument plays an important role.

That in this type of contracts the time is not essence of contract.

In every the specific performance of contract  the cause of action plays an important role in commencing the period of limitation.

 Apart from there is an important clause sec. 16 (c) of S.R.Act  i.e ready and willing.  Moreover the remedy is a discretionary remedy. 

So that the specific performance can be filed.