specific performance

Querist : Anonymous (Querist) 11 September 2010 This query is : Resolved
I am a plantiff ( buyer) in a specific performance case and case is at DWS.

It is about a urban land in HUDA sector of haryana. Rates has risen by 10 times in 5 years.

Is rise in property price in urban area has any impact in my specific performance suit.

Follow Query

Report Abuse

s.subramanian (Expert) 11 September 2010
No. Price rise cannot be ground to deny specific performance,if there is no fault on the part of the plaintiff.

Kiran Kumar (Expert) 11 September 2010
your matter will still remained confined to the terms and conditions settled in the agreement to sell. whatever sale consideration decided at the time of formation of agreement to sell, the same shall be taken into consideration while deciding the suit.

Parthasarathi Loganathan (Expert) 11 September 2010
I concur with our experts but Government guideline values are the basis for determination of property costs.

Rajeev kulshreshtha (Expert) 11 September 2010
The consideration mentioned in agreement is the value because it is agreed by the vendor also. But in suit of specific performance if the agreement is old than the court in its discretion award the additional amount to vendor.Increase in price is no ground to refuse specific performance.

M/s. Y-not legal services (Expert) 11 September 2010
No the price is no issue with your suit. As per your agreement if you are correct, and the defendant failed to execute the sale deed mean surely you can sue..

Uma parameswaran (Expert) 11 September 2010
Yes. It shall depends upon the agreement and if there was any fault arised due to palintiff action ,then only needs to think about the impact.

Raj Kumar Makkad (Expert) 11 September 2010
The straight reply to your question is "no". There are numerous citations of law which clear establish that increase in price of property agreed to be sold is no ground either to deny its registration by vendor nor by court to grant decree for specific performance.