1.The Brother (the trustee) is not ready to give any account detail of income from inherited immovable and movable assets . 1, the earnest money would be forfeited while if the defendant No. 1 entered into an agreement with regard to the sale of the said plot on 15-04-2009 for total consideration amount of Rs. That thereafter, the plaintiff requested the defendant No. He now claims that he managed and saved property from people. Verified on oath that the deposition is true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom. Specific performance is a remedy given by the equity and equity courts. 1 that he is ready to pay the remaining amount before the stipulated period and in this regard the plaintiff also deposited the remaining amount in the bank and prepared a bank draft and requested her to transfer the said plot in accordance with the agreement dated 15-04-2009 but she not only received the amount but also refused to transfer the said plot in favor of the plaintiff. 1966); accord, Green, Inc. v. The prescribed period of limitation for a suit of specific performance is three years from the date fixed for performance, or, if no such date is fixed, when the plaintiff has noticed that performance has been refused. Saradamani Kandappan v. S. Rajalakshmi, (2011) 12 SCC 18, made it clear that given the steep rise in urban land prices, it may not be correct now to say that time is not of essence in performance of a contract of sale of immovable property, the court noted. __ Category General Phase V, Bahria Town, Rawalpindi to any person except the plaintiff and the defendants may also be restrained not to transfer the suit land while making collusion with each others to any person except the plaintiff may kindly be passed in favor of the plaintiff against the defendants, till the final disposal of the main suit, in the interest of justice. _,___Road near __ Bridge, Tehsil and District Rawalpindi. These are as under; Section 7 clause (x) of court fee act 1870 states that; For specific performance.âÂ In suits for specific performanceâ. Bahria Town, through its Chief Executive, Rawalpindi. Specific Performance Suit Filed Within Limitation Cannot Be Dismissed On The Sole Ground Of Delay Or Laches: SC [Read Judgment]. The Supreme Court has observed that a suit for specific performance filed within limitation cannot be dismissed on the sole ground of delay or laches. In order to claim this remedy party has to convince the court that it does not have any other option but this one. 2. TA wife of AJS resident of Flat No. Specific Performance asks the court to force the opposing party … An exception to this rule is where immovable property is to be sold within a certain period, time being of the essence, and it is found that owing to some default on the part of the plaintiff, the sale could not take place within the stipulated time, the court clarified. instituted, etc. Mere delay by itself, without more, cannot be the sole factor to deny specific performance, it was observed in Mademsetty Satyanarayana v. G. Yelloji Rao, (1965) 2 SCR 221. It’s also means fulfilling promise made by one party with another. On the other hand, it was the specific case on behalf of the plaintiff that in the facts and circumstances of the case Article 113 of the Limitation Act shall be applicable as the suit was filed within a period of three years when the right to sue accrued. That the plaintiff and defendant No. 556, measuring 250 Sq Yards, situated at St No. _, Block No. However, the plaint in this case does not disclose the document Ex.A14 which has been taken as the starting point for limitation by the trial Court. Specific Performance § 134 (2014) (“To succeed in an action for specific performance of a contract for the purchase of real property, a petitioner must show by clear and convincing evidence that there is a valid contract to purchase real property and that he or she is ready, willing, and able to perform his or her obligations under the contract.”). ASR son of AGR resident of H. No. 1. On the other hand, the cause of action to file a suit for claiming specific performance arises from the date fixed for the performance or when the plaintiff has noticed the non-performance of … Nearly all states have adopted the Uniform Commercial Code (UCC), which addresses specific performance. 21,25,000/-, the date was fixed for payment as 30-04-2009. Bahria Town, Transfer Branch, through its Incharge. The following elements are considered by the court while examining specific performance suit. That the applicant / plaintiff shall suffer irreparable loss, if the stay order has not been granted. In this post format of suit for specific performance is also provided. That now it came into the knowledge of the plaintiff that the defendant NO. 2 & 3. I graduated from the International Islamic University of Islamabad in the faculty of Shria (LLB). 1 to fulfill her part of obligations in accordance with the written agreement dated 15-04-2009, who once again refused to receive the amount in respect of above mentioned land. That the said act on the part of the defendant No. The cases are as under: In these circumstances the breach of contract may not be enforced. to order specific performance of a contract, other than a contract relating to land i.e. What is Specific Performance? That the value of the suit for the purposes of court fee and jurisdiction is fixed as Rs. 23,25,000/- including charges of site plan and other utility charges and the defendant No. Verified on Oath on thisÂ Â day of Apr 2009, that the contents of the para No. The term specific performance refers to literal performance of ones obligations under a contract. of a contract of saleâ according to the amount of the consideration. That the office of the defendant No. Any other relief, which this Honorable court deems fit may also be granted. 1 failed to transfer the said plot in favor of the plaintiff after getting total amount, the defendant No. 1 without any justification is reluctant to transfer the suit land in favor of the plaintiff. suit for specific performance of agreement dated 03-06-2007, declaration, possession along with permanent and mandatory injunction as well as consequential relief in respect of land measuring 9 kanal 11 marlas situated in village keet, post office mustafa abad, tehsil cantt. It is therefore, humbly prayed that a decree of suit for specific performance of agreement dated 15-04-2009 may kindly be passed in favor of the plaintiff against the defendant No. The limitation to file such suit is three years from the date of obstruction caused by the defendant to the plaintiff. That I, ASR son of AGR resident of H. No.__, Block No.__, __Road near __Bridge, Tehsil and District Rawalpindi do solemnly affirm and declare that the contents of above application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom. Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments. Limitation Act, 1908. The court noted that, in Nirmala Anand v. Advent Corporation (P) Ltd., (2002) 8 SCC 146, it was held that mere escalation of land prices after the date of the filing of the suit cannot be the sole ground to deny specific performance. simply file a case against your brother for obtaining share in inherited property. When the talks fell out, the advance amount was also refunded to the plaintiff, submitted the defendants. __, Category General Phase V, Bahria Town, Rawalpindi to any person except the plaintiff. (AIR 2009 SC … 1 who is having very cordial relations in the Bahria Townâs Office is trying to transfer the said plot in favor of some-one-else while making collusion with the defendants No. The action is usually one that has been previously detailed in a contract. App. 1 received Rs. Specific performance is an alternative to a courts decision to award damages and it is commonly used as injunctive relief in cases involving real property or the disclosure of confidential information. SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND PERMANENT INJUNCTION. As already stated that it’s a discretionary right but at the same time court always presume that the breach of contract of immovable property cannot be compensated in term of money. To explore t… ( assumed ownership). But that discretion is not arbitrary but has to be exercised soundly and reasonably, guided by judicial principles, and capable of correction by a court of appeal, the court said. The Division bench later set it aside (In between, the case was referred to full bench on the issue of the bar contained in section 6 of the Tamil Nadu Urban Land Ceiling Act ). As to the point of limitation is concerned, the suit for specific performance has to be filed within reasonable time which depends upon facts and circumstances of each case. property, whose suit for a mandatory injunction (construed by the Trial Court as a suit for specific performance) was decreed by the Trial Court, but which decree was upset by the First Appellate Court and confirmed on second appeal by the High Court, has come up with the present Special Leave Petition. 1 is based upon malafide intention and ulterior motives. However, if a cause of action is such, that it can give rise to both - injunction and specific performance, the author is of the opinion that in such circumstances, there should not be any prohibition on filing injunction and specific performance in the same suit in accordance with Order II, Rule II of the Code. 1 would be responsible to pay the double of the amount, which she received from the plaintiff and the defendant No. the remedy of specific performance is claimed by the party when he enter into a contract with another to perform some obligation. The appellants herein filed suit for specific performance of contract of sale with an alternative prayer of refund of the earnest money under the provisions of the Specific Relief Act. 200,000/- as earnest money from the plaintiff in presence of witnesses and for remaining amount of Rs. 54 — Suit for specific performance of contract for sale — When barred by limitation — Vendor causing delay in performance by failing to comply with applicable statutory requirements — Effect — Held, in such a case vendor cannot be permitted to take advantage of his own wrong so as to raise a plea of limitation, (2006) 5 SCC 340-D Note: If you need legal help in matter relating to specific performance, then contact us or leave a comment with necessary information. In the above example, suppose A defaults and B wants to file suit for specific performance, here the suit will be granted if any of the clause (a) to (d) is fulfilled i.e. Suit for Specific Performance of Contract to sell a residential plot. Tat the plaintiff is ready to perform his part of agreement, as his earlier payments supports his version but the defendant No. However, in any discrepancy is made out, the plaintiff is ready to deposit the court fee as per order of this Honorable Court.