30% OFF on all Law Courses until 10th of July. Enroll Now. Use Code: July30
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Gourang M Haldipur   06 February 2017

Maintainability of a counter claim in a suit for possession.

I am the office bearer of an educational trust. The Trust owns an old building which is presently occupied by its previous employee since 1993 for which no rent is claimed by the Trust.The previous board of trustees permitted him to stay in the suit premises free of cost. The Trust issued a legal notice asking the occupant to vacate the suit premises and subsequently filed a suit for possession. The defendant filed his written statement and has laid a counter claim against the Trust that he holds an oral agreement of sale in respect of the suit property said to have been executed in March- 1987 by the previous board of trustees in his favour and has sought a decree of specific performance. He has also stated that he is in occupation of the suit property in part performance of the agreement of sale. Whether it is legally permissible for the defendant to seek a decree of specific performance by way of a counter claim in his written statement in a suit for possession filed against him.?



Learning

 2 Replies

Ms.Usha Kapoor (CEO)     06 February 2017

Time is th eessence of Specific performance  contract.Over the years this time limit may have lapsed. Hence defendant cannot put up counter claim of specific performance in his  wriitten Staement. against the plaintiffs suit of right of possession.

1 Like

Ms.Usha Kapoor (CEO)     06 February 2017

Time is th eessence of Specific performance  contract.Over the years this time limit may have lapsed. Hence defendant cannot put up counter claim of specific performance in hisitten Staement. against the plaintiffs suit of right of possession.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query