LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

JaiHind2010 (Owner)     02 March 2011

Specific Performance Case

Party A and B are members of the same society.

Party B [Plaintiff] was purchasing a flat from Party A [Defendant]

As per Agreement for Sale - Party A was required to make payment within 30 days from grant of NOC from Society. Party A required to obtain NOC.

Party A applies for NOC immediately. Party B was supposed to execute his forms and submit to Society.  

Party B refuses to cooperate and submit forms thereby delaying issue of NOC. Thereafter Party B has serious problems/fights on various issues with Society. Society then refuses to issue NOC.

Due to delay, party A gives ultimatum and cancels agreement. Party B sues for specific performance.

If Party B prevented Party A from obtaining NOC (all evidence held) then can Party B obtain decree for specific performance?

What are your views?











 0 Replies

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query