Specific performance

Aum Jadhav (Querist) 10 April 2015 This query is : Resolved
In an Agreement for Sale the Sale Deed was agreed to be executed after hapaning of a particular event. However the owner tried to dispose off the property to someone else defeating the right of purchaser.
Can the proposed purchaser file a suit for simplicitor Injunction seeking restrain from disposal of the property, without seeking the relief of specific performance, since the relief of specific performance would be available only after happening of the particular event?

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M/s. Y-not legal services (Expert) 10 April 2015
without go through the sale agreement it is not easy to advise you..

so better you may consult a local advocate..

Rajendra K Goyal (Expert) 11 April 2015
All the documents need to be referred, consult local lawyer.

Dr J C Vashista (Expert) 12 April 2015
Yes, the purchaser can seek/get restraining order/injunction when the agreement to sell is still in vogue, valid and executable.

T. Kalaiselvan, Advocate (Expert) 13 April 2015
It is better that show the relevant papers/documents to a well versed lawyer and take his opinion.

Aum Jadhav (Querist) 19 July 2015
how can a defendant withdraw his own counter claim and under what provisions and what are the effects of such withdraw.

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