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. Through this R.F.A, the appellants have challenged the validity of judgment & decree dated 23.12.2014 whereby the learned Civil Judge 1st Class, Bahawalpur dismissed the appellants’ suit for specific performance of oral agreement to sell dated 22.11.1984 and decreed the respondent’s suit for declaration and possession. If you do not act as per the agreement, he other side may file a specific performance suit for which the Court may direct you to perform specifically as per the agreement signed by you or compensate for the loss incurred by the opposite side for your not complying with the terms of the agreement … When Home Sellers Can Use Remedy of Specific Performance. For this to happen, a defendant has to go through with a particular action they promised to do instead of only paying money for not keeping up their end of the promise. Remedy of specific performance which is affected in case of breach of contracts is provided by the equity courts. Although both buyer and seller retain the power to bring a specific performance claim if one believes the other to be in breach of the purchase and sale contract, the buyer has the power to tie up the seller’s property because, in most cases, the seller cannot sell the property once the buyer files a claim for specific performance. The ‘specific performance of a contract’ means its actual execution according to its terms and conditions. Suit For Specific Performance is filed when one of the party in a contract breaches the contract and denying the obligation imposed by the party. A suit for specific performance of contract often relates to the buying and selling of real estate. On consideration of evidence, the Trial Court dismissed the suit for specific performance holding that the respondent had failed to prove his readiness and willingness to perform the contract. For the ease of Lawyer, format of suit for specific performance is provided with all relevant documents. If a property buyer gets cold feet and doesn't want to go through with a deal, then the seller is entitled to file a lawsuit to oblige the buyer to carry through with the terms and conditions of the contract they signed. The theory is that a symmetry should be upheld between the remedies available to a buyer and a seller. SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND PERMANENT INJUNCTION. When a contract is for the sale of a unique property, for instance, mere money damages may not …

APPLICATION UNDER ORDER 39 RULES 1 & 2 OF CPC READ WITH SECTION 151 C.P.C. Specific Performance asks the court to force the opposing party into a contract that binds them to actually perform the contract at issue, rather than award damages for breach of contract.

The agreement to sell acknowledges payment of the part of consideration money and further giving actual physical possession to the purchaser by the seller. SUIT FOR SPECIFIC PERFORMANCE OF CONTRACTS. The appellants contested the suit on the ground that the respondent-plaintiff was not ready and willing to perform his part of the contract.

3. The Amendment of 2001 to the Registrations Act only states that an unregistered agreement of sale cannot be relied upon as an evidence, but nothing prohibits a party to such an agreement from filing a suit for specific performance, and the same was held in the case of Ram Kishan And Another vs Bijender Mann Alias Vijender Mann on 12 October, 2012. The most common reason courts grant specific performance is that the subject of the contract is unique, when it's not merely a matter of money or where the true amount of damages is unclear. If one of the parties does not honor the contract by breaching the terms of the contract, the harmed party often does not want money damages but instead wants actual performance of the terms of the contract.

Though the defendants dispute that, but in our opinion, for …

The format of suit for specific performance of contract is a particular performance where it goes to court to seek a remedy instead of money. If a buyer decides not want to go through with a sale, the seller may file a lawsuit for specific performance of the sales contract.