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 ?
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.
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.