SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT

Ladhu Ram Chowdhary (Querist) 12 August 2010 This query is : Resolved
Whether Court may /must go into the question of title and require production of documents of chain of title before passing decree for SPECIFIC PERFORMANCE of contract for sale of immovable property? Where apparently the suit property can not be property of defendent does not contest the suit or does not raise the issue of title than what should be the proper course of action for court ?

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s.subramanian (Expert) 15 September 2010
Even if the defendant does not appear and remain ex parte,the court can insist on proper proof of the case before granting the relief.The court need not grant the decree for the mere asking. The Supreme court has also liad down like that only. See judgments on admissions under CPC.Order 12 Rule 6 .

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