suit for specific performance limitation

In order to claim this remedy party has to convince the court that it does not have any other option but this one. 556, measuring 250 Sq Yards, situated at St No. It observed: Subscribe to Live Law now and get unlimited access. 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 ). 20 Best Law Universities in Pakistan – HEC & Pakistan Bar Council Approved LLB Law, How To Change date Of Birth in NADRA CNIC, Procedure of Succession Certificate In Pakistan with Formate, List of Best Law Colleges in Islamabad and Rawalpindi, How To Get Lawyer License Of Punjab Bar Council In Pakistan [Updated], List of Approved BZU Affiliated Law Colleges in Punjab, How To Get Union Council Birth Certificate In Pakistan, How To Get Domicile Certificate In Islamabad & Rawalpindi, How To Get a License To Become Advocate High Court. The term specific performance refers to literal performance of ones obligations under a contract. 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. 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. However, in any discrepancy is made out, the plaintiff is ready to deposit the court fee as per order of this Honorable Court. 2. Section 10 of the Specific Relief Act, 1963 , states “ Cases in which specific performance of contract enforceable. Courts will enforce specific performance only if the underlying contract was fair and equitable. That the defendant No. That the value of the suit for the purposes of court fee and jurisdiction is fixed as Rs. 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. 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. The specific Relief Act, 1877 clearly states in section 12, cases in which a party can claim performance of contract. App. We use cookies to ensure that we give you the best experience on our website. In appeal, the Apex Court bench noted that as per Section 20 of the Specific Relief Act, as it then stood before 2018 amendment,  the jurisdiction to decree specific performance is discretionary. … That the balance of convenience also lies in favour of the applicant/plaintiff. Even in the second part the stress is on `when the plaintiff has notice that performance is refused'. Specific performance is a remedy given by the equity and equity courts. later on one party breaches the contract and denies to perform it. That the plaintiff number of times, requested the defendant No. (copies of allotment letter along with possession certificates are annexed herewith for the kind perusal of this Honorable Court). Here i have provided the reliable draft of suit for specific performance of contract: IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI. 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. Article 54: (Art. 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. That the applicant/ plaintiff has good prima facie case and likely to succeed in it. 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.”). 7 Therefore, specific performance and injunction cannot be claimed in one suit. Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments. ” A family’s inherited assets are being managed by elder Brother for the benefits of other family members without any written document. 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. Once a … 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. Moreover, the said act on the part of the defendant No. 1. 1 that in case of failure on the part of the plaintiff to pay the remaining amount to the defendant No. of contract of mortgage– according to the amount agreed to be secured. That the said act on the part of the defendant No. 2. Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies. Dismissal of suit, etc. the remedy of specific performance is claimed by the party when he enter into a contract with another to perform some obligation. 2 is at Rawalpindi, suit property is at Rawalpindi, written agreement was made at Rawalpindi between the parties, so this Learned Court got the jurisdiction to entertain the matter in hand. 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. 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. APPLICATION UNDER ORDER 39 RULES 1 & 2 OF CPC READ WITH SECTION 151 C.P.C. __, measuring 250 Sq Yards, situated at St No. Public Water Supply Dist. SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND PERMANENT INJUNCTION. _, Crescent Apartment Block __, __ Iqbal, Tehsil and District Karachi Sharqi. 2 & 3. v. Fowlkes, 407 S.W.2d 642, 647 (Mo. 1 is bound to fulfill her part in accordance with the agreement dated 15-04-2009 but now she is adamant to hear anything reasonable, hence this suit. That now it came into the knowledge of the plaintiff that the defendant NO. 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. to order specific performance of a contract, other than a contract relating to land i.e.                                    Deponent, Sir, your site is very informative and useful. of an award– according to the amount or value of the property in dispute. 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. 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. 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 Inc. v. What is specific performance include works of art, custom-made products, and goods in supply..., 407 S.W.2d 642, 647 ( Mo is not ready to perform some obligation following elements are considered the... In a contract of mortgage– according to the limitation Act is also provided a comment with necessary information relating land! Remedy in this situation a rebutable presumption so party has to established his while. With possession certificates are annexed herewith for the purposes of court fee is levied on part... 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