Suit for specific performance

basavaraj shiromani (Querist) 14 August 2016 This query is : Resolved
A executed an un registered agreement of sale in favour of B with respect of Sy.No: 60/2 to the extent of 20 guntas of land. Subsequently, in a family partition, A obtained Sy.No: 58 to the extent of 18 guntas instead of Sy.No: 60/2. Now B filed a suit for specific performance against A claiming the property Sy.No: 58 to the extent of 18 guntas on the strength of unregistered agreement deed pertaining to Sy.No: 60/2 measuring 20 guintas.

whether the suit for specific performance is maintainable under the claim of different property ?

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R.K Nanda (Expert) 14 August 2016
Not maintainable.

Rajendra K Goyal (Expert) 14 August 2016
Agreement does not pertain to Sy.No: 58 hence not maintainable.

adv.bharat @ PUNE (Expert) 14 August 2016
No it can't be maintainable in ur case.

Raj Kumar Makkad (Expert) 17 August 2016
As the property was joint hence the agreement qua the specific portion to the exclusion of all other co-sharers was itself is void-ab-initio which cannot be enforced by way of filing the suit for specific performance of agreement. Only the earnest money can be got refunded with interest.

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