Time is essential of contract - suit for specific performance
Querist :
Anonymous
(Querist) 10 April 2011
This query is : Resolved
I am appearing for defendant. The suit is filed for specific performance of sale agreement dated 14-1-2011. The sale agreement is time bounded. Rs.50,000/- paid [out of total sale consideration amount of Rs.6,00,000/-] at the time of entering in to agreement of sale. The entire amount shall be paid within 2 months. The plaintiff is not ready with money. The agreement is not contained the recitals that "the sale deed will be executed in the name of any other person chosen by the plaintiff". The plaintiff is friend of the defendant. Being friend of the defendant the sale consideration accepted for meager amount. In fact the house plot will be value @ Rs.8,00,000/- and above. The defendant has issued a legal notice as to the sale agreement is cancelled. For that the plaintiff has filed a suit, stating that he is ready with money [by showing the drafted original of third party with the recitals as if the defendant has sold the plot, in fact there is no privity of contract in between the third party and the defendant]. The things stood so the plaintiff has filed a suit seeking relief of specific performance of contract, with an interlocutory application with the relief "not to alienate" petition. How can the defendant escape from the liability and what should be the defense of the defendant. [The friend cheated the defendant that the property will be kept / purchased in his name only, but he sold out for excessive profit]. With regards.
n.k.sarin
(Expert) 10 April 2011
It is the plaintiff who has to prove that he is ready in all the time for sale deed and there is no delay on his part.in general parties to the agreement are bound with the terms and condition mention in it.Court has no jurisdiction to decide the case beyond the terms and condition agreed by the parties. In your case as mention by you defendant is not bound to execute the sale deed in the name of third party.He can deny.
