hello seniors
i have one query regard to specific performance, i m working as a intern under a civil lawyer and he has given me an assignment to find out a case law upon specific performance
main querry is :-
a property dealer deals with the person for buying a commercial showroom on amount of rs 90 lakh for which he paid rs 10 lakh as advance, executed an agrement to sell and commited to be present in front of the office of sub registrar for payment of balance payment and executing the sale deed on the specified date as they mentioned in thier agreement to sell.
now the problem arise
property dealer cheated on the day of execution by saying to the seller that he had not gathered whole payment and asked for some more time and after that he filed a suit for specific performance undersection 10 of specific performance to sell the property on the amount of rs 90 lakh and after trial of 5 years that property now cost around 10 - 12 crore .
my project is to find a case law which shows that property dealer has no interest in that . i mean his sole purpose is to sell out the property further with the intention to get profit ........ specific performance is all about in which no monetary benefit can compensate the real good .
points the property dealer is saying
- that he had sufficient balance on that day and he is ready and willing to pay all the balance consideration
- and on that day he has marked his presence in the office of sub registrar ,and he has proof for that ....
I already searched a lot and go through with some judgement as under section 16 and secyion 20 regard conduct and discretionary power of court but ,
my urge is to plz help me in finding a case law which shows in terms of immovable property that ,,with the purpose of selling land further,,,,,,,,, or the one who deals in land commercially with the main motive to take advantage of inflation and law ,,,,,NO SPECIFIC PERFORMANCE WILL BE GRANTED
