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Erastotenes Plato   12 November 2024

Suit specific performance land sale

Dear learnt elders

On June 9 2017 a claimant received an agreement for the sale of land to expire July 8 2017. He said it was not a proper agreement as it was done in the defendants personal capacity.

On June 20 2017 the claimant received a counter offer at a higher price from the executors of the estate to expiire on July 8 2017.

The claimant signed the June 9 2017 on June 20th but refused to sign the new counteroffer dated June 20 2017.  His check deposit dated June 20 2017 was not accepted as he did not sign the new counteroffer.

Claimant files suit for specific performance by registering the June 9 2017 agreement. Is this agreement barred by limitation? Is the June 9 2017 agreement valid? Is the counteroffer valid?



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     12 November 2024

The suit for specific performance of contract can be filed within three years from the date os sale agreement.

The limitation for filing a suit for specific performance of a contract is three years from the date of performance or the date the plaintiff is notified that performance is refused. This is as per Article 54 of the Schedule to the Limitation Act, 1963.

Specific performance is an equitable remedy that requires one party to fulfill their obligations under a contract. It's typically used when monetary damages aren't considered an adequate remedy.


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