specific performance
Vikas Aneja
(Querist) 16 August 2010
This query is : Resolved
I entered into an agreement to sell with some person to purchase property but the vendor makes default and did not execute the sale deed in my favour. Meanwhile the value of the property reduced to much extent. But I filed suit for specific performance after 1 year. When the vendee came to know about the fact that value of the property has been reduced then they appeared in the court and make a statement that they are ready to execute the sale deed.Then I filed an application for amendment for claiming compensation on the basis of loss caused due to reduced value of the property. But the judge is also favouring the vendor and asked me to get the sale deed executed as I have filed suit for specific performance. What should I do. Whether the judge can compel me to got the sale deed executed at the price mentioned in agreement. How can I save myself from the loss. plz reply
Kiran Kumar
(Expert) 16 August 2010
u can not wish for alternate prayer at this stage when the primary relief is available for you.
you may withdraw the suit and suffer loss for the amount already paid to the vendor.
but u can not claim compensation as a matter of right now.
R.Ranganathan
(Expert) 16 August 2010
The only alternative for the present is to delay the suit filed by you.
Chanchal Nag Chowdhury
(Expert) 17 August 2010
U R in a catch 22 situation & U have only yourself to thank for it.
