Specific performance suit
Balaji Bakthavathsal
(Querist) 12 January 2012
This query is : Resolved
A Sale Agreement is brought to file a suit under the Specific Performance Act since the power agent cum seller is not coming forward to complete the Sale Deed and the advocate files the suit ignoring the clause mentioned in the sale agreement that the civil suit pending in the district court. When there is a mention that a civil suit is pending in the court in the Sale Agreement, can the advocate go ahead and file the suit for Sale Deed Registration under the Specific Performance Act ?
Raj Kumar Makkad
(Expert) 12 January 2012
If the term of the agreement is that the sale deed shall be got registered only after the finalization of the pending suit about the property under sale then no suit for specific performance can be filed prior to the finalization of that suit as it shall be premature and is thus not maintainable.
Raj Kumar Makkad
(Expert) 12 January 2012
You should not allege lawyer for filing the suit as every lawyer files the suit on the instruction of his party under his authority on vakalthnama and moreover an affidavit is filed by every plaintiff in support of his case which cannot be prepared by lawyers. I think it has also become a fashion to allege for own advocate for all the lapses on the part of clients.
Deepak Nair
(Expert) 13 January 2012
As suggested by Mr.Makkad, if the clause withrespect to the civil case says that the sale deed will be registered after the civil case is disposed off, then the suit for specific performance is not maintainable.
