suit for specific performance

Querist : Anonymous (Querist) 07 May 2011 This query is : Resolved
If the plaintiff who is the buyer of the property(a house) the cosideration value of which is 50 lac pays 30 lac as earnest money and the seller refuses to appear for the registry of the property. A suit for specific performance is filed and the plaitiff wins say after 4 years. Can he claim interest on Rs. 30 lac which had been lying with the seller(defendent) for four years or can he claim the rent of the property from the agreed date of registry till the final judgment?

Sir don't you think that this goes to seller's advantage. He can file the aapeal and can delay the justice for many many years. Some remedy should be there in case it is proved that the defendent was wilfully delaying the registry and the possesion of the property

Follow Query

Report Abuse

R.Ramachandran (Expert) 07 May 2011
Dear Anonymous,
If the plaintiff wins, he can only get the sale deed executed by the vendor, on paying the balance Rs. 20 lakhs. NOTHING MORE NOTHING LESS.
Neither the vendor is liable to pay any interest on the Rs. 30 lakhs, or any rent during the period which the case was pending in the court.

Advocate Bhartesh goyal (Expert) 07 May 2011
I do agree with Mr R.Ramchandran.

Krishnamurthy Ramdas Iyer (Expert) 07 May 2011
since it will be treated as part payment , no interest or rent can be claimed

adv. rajeev ( rajoo ) (Expert) 07 May 2011
It is case only for executing the sale deed. You cannot claim any interest etc.,

Guest (Expert) 08 May 2011
Even otherwise also, don't think one-sided. If you think about claiming interest on Rs.30 Lakhs what prevents the vendor in claiming the appreciated cost of the property and the depreciated cost of unpaid part amount of Rs.20 lakhs for 4 years?

You must be thankful that ultimately you won the case and were entitled to acquire the property.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now