Contract.

ashwin iyengar (Querist) 15 March 2012 This query is : Resolved
can u please help me with this problem.
Navneet enters into an agreement of sale on 2 october 2000 with mithun who is the owner in possession .the agreement relates to 3 acres of land .the aggregate value of land is as agred upon is 50 lakhs.navneet is put in possession of the land by mithun in pursurance of part performance of the contract on 2 october 2000. Navneet pays an amount of rs 10 lakh towards part consideration of the agreed sum the period of performance of contract is stipulated to be 5 years from the date of agreement. Navneet seeks specific performance in 2007 . mithun refuses specific performance in 2007 . mithun refuses specific performance . one of the contentions raised by mithun is phenomenal rise in the value of the land . on refusal by mithun , navneet approaches the court seeking specific performance and claims inter alia in the suit that he is ready and willing to perfom his part of contract.

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Adv.R.P.Chugh (Expert) 15 March 2012
Dear Querist,
Phenomenal Increase in value of land is no grant to deny Specific Performance if contract otherwise is specifically enforceable and can be justly done so. The Plaintiff seems to have been ready (capable) and willing (desires) to perform the contract. The claim seems to be within limitation, I think it's a pretty good case for SP. However a lot depends on the discretion of the Court in such cases - merely because Specific Performance is legal in a case doesn't mean it would be granted it also has to be just, equitable and proper in the facts of the case.

ashwin iyengar (Querist) 15 March 2012
can element of time(s-55) as bought in to defend respondent is mithun?

ashwin iyengar (Querist) 15 March 2012
i am soposed to help mithun here..please help me.

Guest (Expert) 15 March 2012
You want to help mithun on what specific issue and in what capacity?

ashwin iyengar (Querist) 15 March 2012
mithun dosent want to perform his part
ir he dosent want to sell the land

Adv.R.P.Chugh (Expert) 15 March 2012
Mithun cannot just walk out - there is something called the sanctity of contract...the courts are loathe to touch it except under extreme conditions.

However since you got to argue for Mithun - you can take up the issue of 'time is of the essence of the contract' and claim your right to rescind. However for that you'd have to prove your insistence on performing the contract after designated time of 5 years.

The Court's have also, to do equity to the parties - and to ensure that buyer does not take to himself the entire benefit of escalation of prices - may order specific performance conditional on payment to your side.

See Nirmala Anand v. Advent Corporation (2002)

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