The action is usually one that has been previously detailed in a contract. 1, the earnest money would be forfeited while if the defendant No. 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 entered into an agreement with regard to the sale of the said plot on 15-04-2009 for total consideration amount of Rs. That the office of the defendant No. 9.2.1998, that the suit was hit by the bar contained in Order II Rule 2 of CPC because the plaintiff did not obtain leave to file second suit for specific performance while filing the first suit for grant of permanent injunction against the defendants in relation to the suit house. 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. _, Crescent Apartment Block __, __ Iqbal, Tehsil and District Karachi Sharqi. That the applicant/ plaintiff has good prima facie case and likely to succeed in it. It is therefore, respectfully prayed that ad-interim injunction restraining the defendants from transferring the plot No. expanding specific performance may raise questions concerning the availability of jury trials because suits for specific performance may be regarded as actions in equity. That the defendant No. These are as under; Section 7 clause (x) of court fee act 1870 states that; For specific performance.– In suits for 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. Bahria Town, through its Chief Executive, Rawalpindi. Furthermore, 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. 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. In this post format of suit for specific performance is also provided. ” A family’s inherited assets are being managed by elder Brother for the benefits of other family members without any written document. The limitation to file such suit is three years from the date of obstruction caused by the defendant to the plaintiff. A suit for specific performance was brought on an agreement of sale where the time for performance of the contract was "after passing of a decree". 2. Note: If you need legal help in matter relating to specific performance, then contact us or leave a comment with necessary information. __ 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. He now claims that he managed and saved property from people. Although it’s a rebutable presumption so party has to established his case while standing on it’s own ground. simply file a case against your brother for obtaining share in inherited property. That the said act on the part of the defendant No. ( assumed ownership). Here i have provided the reliable draft of suit for specific performance of contract: IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI. JUDGEMENT: The Supreme Court held that-. That thereafter, the plaintiff requested the defendant No. Tat the plaintiff is ready to perform his part of agreement, as his earlier payments supports his version but the defendant No. 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.”). To explore t… 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. Moreover, the said act on the part of the defendant No. 20,000/-, and no court fee is levied on the plaint. A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract. 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. To read the article, get a premium account. 1 is illegal, unlawful, improper and against the all cannons of justice. According to Doemory, “Specific performance of contract consists in the contracting party is exact fulfillment of the obligation which he has assumed in his doing or omitting the very act which he has undertaken to do or not to do.”. When the talks fell out, the advance amount was also refunded to the plaintiff, submitted the defendants. 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. Once a … Bahria Town, Transfer Branch, through its Incharge. 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 remedy of specific performance is claimed by the party when he enter into a contract with another to perform some obligation. 2. 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. It's sometimes called an "equitable" remedy, because it involves a court using its discretion to order the nonperforming buyer or seller to perform and to complete the contract as if it had … That the plaintiff contacted the defendant No. _, Block No. It is further prayed that the defendants may kindly be restrained permanently from transferring the plot No. ASR son of AGR resident of H. No. _, measuring 250 Sq Yards, situated at St No. of a contract of sale– according to the amount of the consideration. instituted, etc. 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 2. Other commodities that courts have found to support specific performance include works of art, custom-made products, and goods in short supply. In order to claim this remedy party has to convince the court that it does not have any other option but this one. ___, Category General Phase V, Bahria Town, Rawalpindi vide registration No. 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. The High Court, therefore, is right in dismissing the suit in the second appeal”. Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies. 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. 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. 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. Ferrodous Estate (Pvt.) 1 would be responsible to pay the double of the amount, which she received from the plaintiff and the defendant No. Limitation: Article 54 of the Limitation Act deals with the limitation of suit for specific performance. I'm a professional practicing Lawer at Rawalpindi District Courts of Pakistan. of contract of mortgage– according to the amount agreed to be secured. 1 will have no objection, if the plaintiff get transferred the said plot in his favor through the court of competent jurisdiction. Any party who has suffered a loss because of a breach of contract or non-performance of a contract on part of another party can file a suit for specific performance. __, Category General Phase V, Bahria Town, Rawalpindi to any person except the plaintiff. BASIS OF THE REMEDY 2.1. 556, measuring 250 Sq Yards, situated at St No. 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 & 3. of an award– according to the amount or value of the property in dispute. That the balance of convenience also lies in favour of the applicant/plaintiff. v. Fowlkes, 407 S.W.2d 642, 647 (Mo. Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments. 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. 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. 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. Specific performance is a remedy given by the equity and equity courts. 1 without any justification is reluctant to transfer the suit land in favor of the plaintiff. 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. 21,25,000/-, the date was fixed for payment as 30-04-2009. I would like to have your reply on following query, Section 27 of the Limitation Act is also attracted. Specific performance is another possible remedy in this situation. 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. 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. 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. Nearly all states have adopted the Uniform Commercial Code (UCC), which addresses specific performance. Public Water Supply Dist. 1 to 10 are true and correct to the best of our knowledge and belief and rest of the paras are believed to be true and correct. Adding parties in specific performance suit, When the act agreed to be done is in the performance, wholly or partly, of, When there] exists no standard for ascertaining the actual damage caused, When the act agreed to be done is such that pecuniary compensation for its, When it is probable that pecuniary compensation cannot be got for the, Contract for the non-performance of which compensation in money is an, A contract which runs into such minute or numerous details, or which is so, Contract the terms of which the Court cannot find with reasonable, A contract which is in its nature revocable, Contract made by trustees either in excess of their powers or in breach of, A contract made by or on behalf of a corporation or public company created, Contract the performance of which involves the performance of a, A contract of which a material part of the subject- matter, supposed by. 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. Should a party default on his obligation, a court may issue an order for specific performance, requiring a party to perform a particular action. Equity courts provide the relief of specific performance which was affected because of non-performance of a contract as agreed. In a suit for specific performance the defendant contended that if the contract is enforced it would violate S. 35 of the Tenancy Act in that the plaintiff’s holding after the appointed day would exceed the ceiling and that acquisition in excess of the ceiling is invalid. 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 ___. Courts will enforce specific performance only if the underlying contract was fair and equitable. 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. That it was also settled between the plaintiff and defendant No. 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 following elements are considered by the court while examining specific performance suit. 1 received Rs. Limitation Act, 1963, the suit is hopelessly barred by limitation. Limitation Act, 1963 — Art. However, in any discrepancy is made out, the plaintiff is ready to deposit the court fee as per order of this Honorable Court. I graduated from the International Islamic University of Islamabad in the faculty of Shria (LLB). Verified on Oath on this   day of Apr 2009, that the contents of the para No. Article 54: (Art. 23,25,000/- including charges of site plan and other utility charges and the defendant No. Any other relief, which this Honorable court deems fit may also be granted. 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. 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 ). to order specific performance of a contract, other than a contract relating to land i.e. 1.The Brother (the trustee) is not ready to give any account detail of income from inherited immovable and movable assets . That the applicant / plaintiff shall suffer irreparable loss, if the stay order has not been granted. 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. Right now I am a student of LLM/M.Phil in Corporate Law. APPLICATION UNDER ORDER 39 RULES 1 & 2 OF CPC READ WITH SECTION 151 C.P.C. SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND PERMANENT INJUNCTION. It’s a discretionary relief, so party cannot claim this right a matter of right. Limitation Act. 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. 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 applicant / plaintiff has filed the above captioned suit before this Honourable Court, the grounds taken in the main suit may kindly be read as integral part of this application. For Section 5 & 6 SRA, Art.64 and 65 of the Schedule to the Limitation Act, 1963 are to be read together. The term specific performance refers to literal performance of ones obligations under a contract. 1 is based upon malafide intention and ulterior motives. 2 & 3 and asked about the factual position with regard to the agreement and requested them to refrain from transferring the ownership of the said plot in any manner whatsoever in favor of any persons except the plaintiff but in vain. 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. 1 is owner in possession of a plot No. App. Where a … Limitation Act, 1908. 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. LIMITATION OF SUITS, APPEALS AND APPLICATIONS 3. __, measuring 250 Sq Yards, situated at St No. 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. 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. 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. Even in the second part the stress is on `when the plaintiff has notice that performance is refused'.