Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Anz A. (Associate)     08 January 2012

Specific performance suit for agreement to sell

An Agreement to Sell  was executed for selling a land for Rs. 55 lacs on 10 Dec 2005, and it states that the Buyer will pay Rs. 20 lacs till 10 Dec 2006 and Rs. 15 lacs by taking loan from bank after which the registry of the land will be completed. It also says the rest of the amount will be paid by 10 Dec 2007.

Rs. 2 lacs was paid at time of execution of agreement (Dec 2005) and no further money was paid or bank loan taken. Now the buyer sent a notice and filed a suit for specific performance to get the registry done saying that the seller refused to do registry on April 15, 2011 (a falsely made up date). Is the suit maintainable ?



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 8 Replies

SURESHKUMAR.S (ADVOCATE)     08 January 2012

From the facts stated, it is understood that for the agreement, it is 2 year time. And the time was lapsed.Suit seems barred u/ Limitation Act. For even to recover the advance amount limitation was over. However to assess more correctly, the other attending factual details required.

Anz A. (Associate)     08 January 2012

Can you please elaborate as which dates would be the 'cause of action' in this agreement ?

SURESHKUMAR.S (ADVOCATE)     10 January 2012

Dt of agreemnt & advance paymnt is 10 Dec 2005. period of agreemnt is 2 yrs from 10 Dec 2005. ie upto 9 Dec 2007. according to the clauses of agreemnt to do / perform their respective parts is within 2007. The buyer who paid advance has to pay balance is within 2007.and the seller who intents to comply his part of contract also has to demand the other counter part to perform can demand intimating him the deadline of 2007 time limit. The other circumstance that if the buyer didnt pay the rest of the sum but demanding to return the sum from the seller can initiate suit for recovery within 3 yrs from the dt 9 dec 2007.ie 8 dec 2010 is the last day for such a suit.

Mallik Karra (Done with AIBE)     10 January 2012

1: On limitation

For all agreements entered where the subject matter is Immoveable property, and even when the parties specifically mentioning that time is of the essence, the court will take a lenient view and no provision of limitation attracts to it (putting forward the factual reasons)

 

Anz A. (Associate)     10 January 2012

Mr. Karra, Can you provide the reference for your citation ?

Mallik Karra (Done with AIBE)     11 January 2012

There are so many citations: and which one you would rely on will depend on (as is said in my previous post) the factual aspects.

1. Were there any alteration made to the original agreement at any time.

2. What did you do to fulfill the contract from your end.

Anz A. (Associate)     11 January 2012

1. No alteration was made to the agreement

2. The buyer did not pay any money after the initial sum.. so what can the seller do to fulfill the contract, other than sendng a lega notice ?

 

Gupta S Kumar (Government Job)     23 March 2012

Seller should  send a legel notice within agreed time . It will helps you in present scenario and safes you in this condition


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