Agreement to sell, does not mention any time for performance

If the consideration amount is paid as per the agreement to sell, B is bound to hand over the sale property to A. Although ime is the essence of contract, if the purchaser fulfilled the consideration amount the seller is bound in law to complied his part of perfomance, or else A can drag him to the court.

Thanks Assumi for your reply . 

The notice for specific  performance has been sent  after 4 years and 5 months  of the signing of the Agreement to sell . 

A ( buyer ) alleges that he has asked B (seller ) to perform his part of the contract many times but the seller did not perform . And that he ( buyer ) has always been ready and willing to perform his part of agreement . 

The balance sale consideration has  NOT been paid  till date . 

From THere is nothing on record to show that performance was refused by the buy

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My questions are : -

1) Is the Notice Valid ?    Because it has been sent more than 3 years after the date of Agreement to sell  ?

2) Is  A ( buyer ) correct in asking for specific performance after 4 years of signing the sale agreement ?

3) You say that Time is the essence of  the contract , BUT i have been reading through  internet that in matters of transfer of property - Time is not the essence of contract .  Could you enlighten me ?

Appeciate your valuable advise . 

As rightly pointed out by N.K.Assumi the agreement to sale has no whisper about any time within which the agreement has to be performed. There should have been a specific time period within which the performance was to be completed.

The balance payment has also not been made making the agreement incomplete.

Regards
 

Hi Viraj,

First please read the ATS again . and solve following queries

a. Is there a specific performance clause

b. Was the consideration paid in cash

c. In case the payment is not made in time , is there a interest or termination/forfiture clause

d. What is the status of the property till date

e. what are the reasons for not carrying forward the deal.

These are the question that one need to answer while resolving your issue

In case there is no specific time performance ,the agreement remains valid as per the contract act but seeking the defence of reasonable time period delay the same can be terminated . You can easily get good SC judgement on the same.

Please go through the agreement to sell again as there would be lot of loop hole in the same .

first of all , I thank all of you for your valuable advice. 

Nakul ,

I can answer your queries as follows : -

1) There is no specific performance clause,

2) The consideration has been paid by cheque , and duly received by the  proposed seller ( def) at that time . 

3) No time has been mentioned for performance in the ATS . Niether is there any Interest clause , nor any forfeiture clause. Termination clause is also not there in the ATS . 

4) After the payment of Rs 5.00 lacs as advance / earnest moneys towards sale consideration --- No other moneys / balance moneys have been paid . 

5) The defendant retains to property for his own use. 

6) The defendant is not willing to sell the property any more because of some personal reasons . 

Appreciate your early reply . .