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Sreedhar Sunkara   20 January 2022

Agrement validity for specific performance

Hello members, 

What is agreement validity for specific performance? After 3 years agreement expires, can a person claim specific performance after 10 years? what are the grounds for specific performances?  



 5 Replies

G.L.N. Prasad (Retired employee.)     21 January 2022

3 years from the date of such agreement is limitation period.   HOWEVER  if there is a fraud or discovery of document suppressed, the limitation period starts 3 years from date of knowledge of the fraud.

Sreedhar Sunkara   21 January 2022

Sir, if there 3 validity is expired between parties and agreement for the purchase of immovable property is not performed and no claim on behalf of both parties subsequently observed. But after 20 years buyer of said estwhile agreement filed a specific performance suit based on said agreement. now, what is the merits in the admissibility of the case? 

G.L.N. Prasad (Retired employee.)     21 January 2022

Unless the plaint is seen on the grounds that state limitation submitted in averment, it is difficult to guide.  Now, you do not have any alternative than filing such counter on limitation being taken as 'preliminary issue' before further proceedings.  Please contact a local advocate.

Anaita Vas   21 January 2022

In Durga Prasad v. Deep Chand, the Supreme Court of India said that the prescribed period of limitation for a suit of specific performance is three years from the date fixed for performance or if no such date is fixed when the plaintiff has noticed that performance is refused. 

In Vide H. G. Krishna Reddy & Co. vs. M, it was well settled that a person cannot claim the relief of specific performance unless he proves his readiness and willingness to perform his part of the contract. 

According to Section 10 of Specific Relief Act 1963 in the following conditions specific performance of the contract is enforceable: When there exists no standard for ascertaining actual damage: It is the situation in which the plaintiff is unable to determine the amount of loss suffered by him. 

In Vijay Kumar v. Om Parkash, it was stated that In order to obtain a decree for specific performance, the plaintiff has to prove his readiness and willingness to perform his part of the contract and the readiness and willingness has to be shown throughout and has to be established by the plaintiff.

 

Regards,

Anaita Vas

 

P. Venu (Advocate)     21 January 2022

What are the pleadings in the plaint in the context of limitation? 


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