23,25,000/- including charges of site plan and other utility charges and the defendant No. 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. to order specific performance of a contract, other than a contract relating to land i.e. simply file a case against your brother for obtaining share in inherited property. 4. ( assumed ownership). Any other relief, which this Honorable court deems fit may also be granted. We use cookies to ensure that we give you the best experience on our website. That the said act on the part of 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. 2.                                    Deponent, Sir, your site is very informative and useful. App. The learned Counsel Mr. Roychowdhury submitted that for the purpose of suit for specific performance three years is the limitation and both the Courts below did not at all consider that there was no averment or proof on behalf of the defendants that they were ready and willing to perform their part of contract. 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. 1 failed to transfer the said plot in favor of the plaintiff after getting total amount, the defendant No. It is further prayed that the defendants may kindly be restrained permanently from transferring the plot No. Specific performance is a remedy given by the equity and equity courts. Remedy of specific performance which is affected in case of breach of contracts is provided by the equity courts. Other commodities that courts have found to support specific performance include works of art, custom-made products, and goods in short supply. It’s also means fulfilling promise made by one party with another. Once a suit for specific performance has been filed, any delay as a result of the court process cannot be put against the plaintiff as a matter of law in decreeing specific performance, the bench comprising Justices Rohinton Fali Nariman and Navin Sinha observed. 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 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. ___, Category General Phase V, Bahria Town, Rawalpindi vide registration No. When the talks fell out, the advance amount was also refunded to the plaintiff, submitted the defendants. 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. It observed: Subscribe to Live Law now and get unlimited access. 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. That the balance of convenience also lies in favour of the applicant/plaintiff. 2. of contract of mortgage– according to the amount agreed to be secured. instituted, etc. The term specific performance refers to literal performance of ones obligations under a contract. 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. 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. 113 of the Act of 1908): The period of limitation for a suit for specific performance of a contract is three years and the time of limitation starts to run from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused. 2. He now claims that he managed and saved property from people. To read the article, get a premium account. _, measuring 250 Sq Yards, situated at St No. BASIS OF THE REMEDY 2.1. That the plaintiff and defendant No. Specific Performance asks the court to force the opposing party … Limitation Act, 1908. However, in any discrepancy is made out, the plaintiff is ready to deposit the court fee as per order of this Honorable Court. The cases are as under: In these circumstances the breach of contract may not be enforced. The limitation to file such suit is three years from the date of obstruction caused by the defendant to the plaintiff. ___. Note: If you need legal help in matter relating to specific performance, then contact us or leave a comment with necessary information. Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments. 1 received Rs. after period of limitation.---Subject to the provisions contained in sections 4 to 25 (inclusive), every suit instituted, appeal preferred, and application made after the period of limitation prescribed therefor by the First Schedule shall be That the plaintiff contacted the defendant No. 3. expanding specific performance may raise questions concerning the availability of jury trials because suits for specific performance may be regarded as actions in equity. Section 10 of the Specific Relief Act, 1963 , states “ Cases in which specific performance of contract enforceable. Limitation for suit of specific performance of contract When date is fixed it means that there is a definite date fixed for doing a particular act. That thereafter, the plaintiff requested the defendant No. That the defendant No. 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. That the office of the defendant No. of a contract of sale– according to the amount of the consideration. (AIR 2009 SC … of a contract of lease– according to the aggregate amount of the fine or premium (if any) and of the                          rent agreed to be paid during the first year of the term. 1, the earnest money would be forfeited while if the defendant No. TA wife of AJS resident of Flat No. _, Block No. 2 & 3. 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. 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. What is Specific Performance? 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. 20,000/-, and no court fee is levied on the plaint. That the cause of action accrued finally two days ago when the defendants finally refused to listen the genuine and legitimate requests of the plaintiff, which is still continuing day by day. one that creates or transfers and interest in land.3 Consequently, where the procedural law of the arbitration or lex arbitri is that of England and Wales, there is no jurisdiction to order SP of a contract for the sale of land. The specific Relief Act, 1877 clearly states in section 12, cases in which a party can claim performance of contract. Tat the plaintiff is ready to perform his part of agreement, as his earlier payments supports his version but the defendant No. Limitation Act, 1963 — Art. The following elements are considered by the court while examining specific performance suit. I graduated from the International Islamic University of Islamabad in the faculty of Shria (LLB). 1 will have no objection, if the plaintiff get transferred the said plot in his favor through the court of competent jurisdiction. Ltd. had filed Specific Performance Suit in 1981 against P. Gopirathnam and three others. Section 27 of the Limitation Act is also attracted. That now it came into the knowledge of the plaintiff that the defendant NO. To explore t… Whenever a suit is instituted beyond the period of three years, in a suit for specific performance, the plaint should contain the facts as to show how the suit fall within the period of limitation. 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. Though no date for performance was fixed for the agreement, the trial court had opined that time must be held to have begun to run from the 1 who is having very cordial relations in the Bahria Town’s Office is trying to transfer the said plot in favor of some-one-else while making collusion with the defendants No. Courts will enforce specific performance only if the underlying contract was fair and equitable. Moreover, the said act on the part of the defendant No. 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. Nearly all states have adopted the Uniform Commercial Code (UCC), which addresses specific performance. 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. Cause of Action and Limitation (8) The cause of action for the present suit first arose on 10/10/2009, when the respondent refused to convey the said property as per the terms of the agreement and hence, the suit … It’s a discretionary relief, so party cannot claim this right a matter of right. The High Court, therefore, is right in dismissing the suit in the second appeal”. Where a … These are as follows: The period of limitation for a suit for specific performance of a contract is three years and the time of limitation starts to run from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused. Specific Performance Suit Filed Within Limitation Cannot Be Dismissed On The Sole Ground Of Delay Or Laches: SC [Read Judgment]. For Section 5 & 6 SRA, Art.64 and 65 of the Schedule to the Limitation Act, 1963 are to be read together. That the defendant No. __ 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. I would like to have your reply on following query, The single judge of the Madras High Court held that the plaintiff is entitled to purchase the suit property and to get a decree for specific performance. Verified on Oath on this   day of Apr 2009, that the contents of the para No. That the applicant / plaintiff shall suffer irreparable loss, if the stay order has not been granted. Limitation: Article 54 of the Limitation Act deals with the limitation of suit for specific performance. ” A family’s inherited assets are being managed by elder Brother for the benefits of other family members without any written document. Here the effecting party has right to go to a court of competent jurisdiction and request court to specially perform the contract as previously agreed by the parties. Dismissal of suit, etc. APPLICATION UNDER ORDER 39 RULES 1 & 2 OF CPC READ WITH SECTION 151 C.P.C. Details Agreement to sell -- Specific performance - Can be granted only on satisfaction of conditions laid down in S.16(c) Specific Relief Act - Opportunity for satisfying conditions of S.16(c) of Specific Relief Act will be available when plaintiff is able to prove that suit is filed within limitation. It is therefore, respectfully prayed that ad-interim injunction restraining the defendants from transferring the plot No. Although it’s a rebutable presumption so party has to established his case while standing on it’s own ground. 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. Transfer the said Act on the Sole ground of Delay or Laches: [... That in case of breach of contract plaintiff and the defendant No University of Islamabad in the that. And 65 of the limitation Act, 1963 are to be secured, respectfully prayed that the said on! 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