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V.G.Rao Advocate (Advocate)     16 September 2012

Specific performence

Hai all

The Plaintiff has filed a suit for Specific Performence of Agreement of Sale basing on the receipt issued by the defendant.  The defendant admitting his signature on the receipt and also admitting all the colums, except one colum towards.  in these circumstances my question is.

1.  When the defendant admitted his signature on the receipt the burden shifts to the defendant (Case laws)

2.  That the plaintiff is in possession of the suit property, the defendant is claiming the plaintiff is in possession of the property as a tenant and not as a agreement holder, provide necessary citations to suit my case.


 1 Replies

niranjan (civil practice)     16 September 2012

Receipt of what?  If deft.agrees receipt of earnest money of sale agreement but do you mean to say that he denies sale agreement? In that case burden is on the plaintiff to prove the sale agreement by producing witnesses of the sale agreement. If the sale agreement was with possession,then it requires registration and whether agtreement speaks of part performance of possession? Has pltff.shown readyness to pay remaining amount.Whether the agreement was time bound?

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