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suit for specific performance of contract (Civil Law)

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This query is : Resolved

Author : Ladhu Ram Chowdhary

Posted On 11 August 2010 at 09:07

If the written agreement, which is basis of such suit is not duly stamped or is unstamped and /oris unregistered than what options are open for the party and the court ? wherther such document is admissible in evidence for collateral purpose?


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Expert : Y V Vishweshwar Rao

Posted On 11 August 2010 at 09:19

- Suit for Specific performance - Agreement not properly stamped - it can be impound- Stamp Duty & Penalties if any can be paid - Un-Registered Agreement can be relied in suit for specific performance of Sale Agreement.

Expert : Rajeev kulshreshtha

Posted On 11 August 2010 at 09:35

An unstamped agreement can be impounded by the permission of court. But if the the document is marked exhibit and admitted in evidence,such admission cannot be called upon in further suit or proceeding. See the view of Hon'le Rajasthan High Court in case of Bherunath Vs. Rajender & ors. cited in 2009(1)DNJ 316 (Raj.)

Expert : niranjan

Posted On 11 August 2010 at 15:53

U/s 49 of the Reg.Act,the suit for specific performance is maintainable on agreement.However if the sale agreement is with possession and not regd.,the suit cannot lie.

Expert : s.subramanian

Posted On 17 August 2010 at 21:21

I endorse the views of Rao and Rajeev.



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