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Jeevan (Nil)     18 July 2014

Premature suit for specific performence

Hello Friends


Can we file a suit for specific performance before the expiry of the date stipulated?


If there is a recital in the agreement of sale that the vendor will execute the sale deed as and when the purchaser pays the balance of sale consideration on or before the date stipulated. If the vendor evaded the purchaser before the stipulated time. Remedy for the purchaser??? Shall he wait for the expiry of the stipulated time???


Please clarify friends






 2 Replies

p.manikeswara sai (advocate)     19 July 2014

The purchaser before the stipulated time has to issue a notice demanding the vendor to execute the sale deed informing that he is ready with the balance sale considiration and expenses and if the vendor failed to execute the sale deed, he has to file the suit for specific performance with in the stipulated time in the agreement and the same is very much helpful as the vendor cannot take the plea of time is essence of contract.   

T. Kalaiselvan, Advocate (Advocate)     19 July 2014

Upon payment of balance of sale consideration amount by the purchaser to the vendor before the completion of the stipulated time, based on the sale agreement condition, the purchaser may issue notice to the vendor for performance of contract on his side, if the vendor fails to perform his part of the contract without any valid reason, the purchaser may proceed with the suit for Specific performance of contract seeking specific reliefs.

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