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suit for specific performance


Vendor by an order of injunction was restrained from selling his property. In a suit for specific performance by the purchaser, will the time fixed for performance be extended?
 
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depends upon the merit and final outcome of the case


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Advocate

What are the facts? Please post the material facts.

 
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Lawyer

Incomplete and vague facts can not lead to form an opinion and oblige.

 
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Lawyer

Time to perform contractual obligation of the party can be exetended by the concerned court, if justified, which differs from case to case and circumstances submitted by the parties concerned. .

What is your locus standi/ concern i.e., whether you are lparty to the suit as plaintiff/ defendant or counsel for either of them ? 

 
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Plaintiff filed a suit seeking Specific performance of the agreement of sale dated 1-3-2007 entered into between him and the Defendant-owner of the property,    Time for executing the sale deed in favour of the Plaintiff was fixed as 30-6-2007.    Defendant could not executed the sale deed in favour of the Plaintiff as Defendant's daughter could not join the Salle Deed but later sent a Power of Attorney in the month of March, 2008, authorising her father-Defendant to execute the sale deed on her bahlaf as well.    Defendant's brother filed a suit against him in the month of December, 2007 and obtained a Temporary Injunction restraining him from alienating the property.     The suit filed by Defendant's bhrother was withdrawn in January, 2011.    The fact of withdrawing the suit was not intimated by the Defendant.      Plaintiff on coming to know about the withdrawl of the suit in the monthe of February, 2014, issues a notice calling upon the Defendant to honour the agreement.   The said notice was served on the Defendant, the Defendant failed to execute the sale deed.  Hence a suit for Specific Performance is filed in the month of December, 2014.   Is the suit barred by limitation?   

 
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Advocate

The suit for specific performance of contract can be filed within three years from the date of expiration of the contract.

Since the plaintiff has filed the suit within time limit,m if he has already got a decree in his favor then he should have filed the execution petition within twelve years.

It is not understood that how come the defendant's brother got a stay in this case?

The information provided by you is incomplete.

You may revert with more details.

The suit filed by his brother cannot stop you from proceding with your suit.

What is the status of your suit that you filed in the year 2007?

 

 
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Advocate

Is Sifian Faizi and NFS the same queriest? If not, the latter may post his query in a separate thread.

 
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Hello Sufiyan,

Your query has been answered by Advocate Vaibhav Kalra in this youtube video - https://www.youtube.com/watch?v=2-iyVqsW4kg from  -  42.50 - 52.21 

LAWyersClubIndia is coming with many more such Quick Query Resolution sessions for the querists looking for legal advice!

Hope you find this useful!
 

 
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