specific performance of contract
Balasubramaniam S.
(Querist) 02 January 2009
This query is : Resolved
the agreement holder has filed a suit for permanent injunction restraining the seller not to distrub his peaceful posession and enjoyment of the agreement property since the possesion of the land is handed over to him at the entering the sael agreement without the seeking for specific performance of the sale agreement but in the plaint he has averred that he reserves his file a suit for specific performance and he has not taken the leave of the court to file the suit for specific performance later and the court has granted injunction. my query is whether the purchaser can file a suit for specific performance at the later date though no leave has been obtained. i require if any judgment is available to substaniate that the purchaser can file a suit for specific performance at later date.
it seems i have not made it clear to our forum. what i want from the members of our forum is that the judgment which says that a suit for specific performance can be filed later when there is pleading in the plaint that the plaintiff reserves his right to file the suit later. pls. quote judgment in your reply, it will be useful for me to convience the court, if it ask for it to number the lis and contend before the court.
KamalNayanSaxena
(Expert) 02 January 2009
Yes, suit for specific performance of contract may be filed provided that it is filed within period of limitation.
G. ARAVINTHAN
(Expert) 03 January 2009
Limitation for filing a suit for specific performance is 3 years
Balasubramaniam S.
(Querist) 03 January 2009
pls. provide me the judgments in support the views expressed here. the important point is that there is time to file suit for specific performance as per the agreement.
it seems i have not made it clear to our forum. what i want from the members of our forum is that the judgment which says that a suit for specific performance can be filed later when there is pleading in the plaint that the plaintiff reserves his right to file the suit later. pls. quote judgment in your reply, it will be useful for me to convience the court, if it ask for it to number the lis and contend before the court.
H. S. Thukral
(Expert) 04 January 2009
A Transferee in possession can file a suit for injunction simpliciter without filing a suit for specific performance. As said herein limitation is three years for filing suit for specific performance.
It is advisable to send the buyer a notice to perform his part of contract mentioning him that you are ready and willing to perform your part of contract. If he does not come forward you have a strong case to dispossess him. Donot wait for him to file a suit for specific performance.
Balasubramaniam S.
(Querist) 05 January 2009
it seems i have not made it clear to our forum. what i want from the members of our forum is that the judgment which says that a suit for specific performance can be filed later when there is pleading in the plaint that the plaintiff reserves his right to file the suit later. pls. quote judgment in your reply, it will be useful for me to convience the court, if it ask for it to number the lis and contend before the court.
Balasubramaniam S.
(Querist) 05 January 2009
it seems i have not made it clear to our forum. what i want from the members of our forum is that the judgment which says that a suit for specific performance can be filed later when there is pleading in the plaint that the plaintiff reserves his right to file the suit later. pls. quote judgment in your reply, it will be useful for me to convience the court, if it ask for it to number the lis and contend before the court.
Balasubramaniam S.
(Querist) 05 January 2009
i require some judgment to substantiate the stand expressed above. since very rarely we are coming across these kind of cases, it will be helpful to each and every one of your forum.
Balasubramaniam S.
(Querist) 06 January 2009
Dear Member,
as we are all well aware a suit cannot be brought before the court in bites and pieces what i mean is order II rule 2 cpc, if a suit is not filed for whole cause of action, then it is persumed that the party has relinquished the right to sue for the left out cause of action and he cannot file a suit for the left out cause of action at a later stage except with the permission of the court under order II rule 2 cpc. when that is the position some of our members are expressing that i can file a suit for specific performance of agreement provided limitation. but when i enquire the office of the court, i was told that i cannot maintain the suit unless i should file a petition at the time of filing of the suit for injunction although i sort the leave of the court to file suit of specific performance at an latter date in the plaint. but our members of expressing opinion that i can file a suit for specific performance, i require authority to file the suit and make the office of the court to accept the plaint. that is my difficulty. please provide me judgments.
ARVIND JAIN
(Expert) 13 March 2009
"I do agree with my all Ld. friends".
DO YOU AGREE WITH BLANKS OF THUKRAL ALSO? WHAT SHOULD I SAY TO THE PERSONS WHO ALWAYS & ALLWAYS AGREE WITH RIGHT OR WRONG!!!!!!!!!!!!!!!!!!!!!
