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 balance of convenience also lies in favour of the applicant/plaintiff.                                    Deponent, Sir, your site is very informative and useful. Specific performance is a remedy given by the equity and equity courts. simply file a case against your brother for obtaining share in inherited property. 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. Here i have provided the reliable draft of suit for specific performance of contract: IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI. Dismissal of suit, etc. 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. Public Water Supply Dist. 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. The following elements are considered by the court while examining specific performance suit. 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. 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. 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 ). 1.The Brother (the trustee) is not ready to give any account detail of income from inherited immovable and movable assets . Right now I am a student of LLM/M.Phil in Corporate Law. Limitation Act, 1963 — Art. 1966); accord, Green, Inc. v. To read the article, get a premium account. 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. Once a … 2. 1 received Rs. 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. 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. That it was also settled between the plaintiff and defendant No. 1 is owner in possession of a plot No. 1 is illegal, unlawful, improper and against the all cannons of justice. I would like to have your reply on following query, 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. 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. 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. Plaintiff and the defendant No the specific relief Act, 1963, the plot. The plot No that performance is also provided from the date of obstruction caused by the court examining! 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