Whether a recovery suit is maintainable

siranjeet (Querist) 29 July 2013 This query is : Resolved
Respected Experts

whether a recovery suit is maintainable if any agreement for sell to property is executed between parties instead suit for specific performance

please give case laws in this regard

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prabhakar singh (Expert) 29 July 2013
Yes!The plaintiff is at choice to either seek Specific performance and in alternative
refund by recovery or
for only recovery.

Raj Kumar Makkad (Expert) 29 July 2013
Yes. Such option is alwasy available with the proposed buyer.

siranjeet (Querist) 29 July 2013
if defendent say as per agreement go for specific performance and said amount will adjusted

we donot want to buy propery and wants only recovery of 'biana'

you are requested to give case laws in this support

Rajendra K Goyal (Expert) 29 July 2013
For case law search Indiankanoon.

prabhakar singh (Expert) 29 July 2013
The party who has not been ready and willing
to fulfil his part of contract would have to pay actual damages proved to have been caused to non fault party but not above the amount prefixed,if any, in the agreement .

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