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Deekshitulu.V.S.R (B.Sc, B.L)     03 May 2020

Conflicting

 Can any body tell me that in a suit for specific performance of contract Whether the plaintiff is bound to seek cancellation of the sale deed executed by the vendor before filing of the suit and after executing the Agreement of sale ?. Case law please



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 2 Replies

P. Venu (Advocate)     03 May 2020

What are the facts? Who is the plaintiff seeking seeking specific performance - the buyer or the sellor?

Deekshitulu.V.S.R (B.Sc, B.L)     05 May 2020

the buyer.  After the agreement of sale the vendor sold the property under a registered document to some third persons.  there after the plaintiff filed a suit joining the subsequent purchser and sought a specific performance decree against both the vendor and the subsequent purchaser.  In such a contingency, is the plaintiff bound to seek cancellation of the subsequent sale in fvour of the other defendant who is joined in the suit as a co-defendant


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