No. 13 of CPC : No. 13: DEFENCE TO SUIT FOR SPECIFIC PERFORMANCE

Explanation using Example

Example 1:

Scenario: Ramesh and Suresh enter into an agreement where Ramesh agrees to sell his house to Suresh for ₹50 lakhs. Suresh pays an advance of ₹5 lakhs and the remaining amount is to be paid within three months. However, Suresh fails to pay the remaining amount within the stipulated time.

Application of Section No. 13: DEFENCE TO SUIT FOR SPECIFIC PERFORMANCE:

1. Defendant's Claim: Suresh did not enter into the agreement.
   • Example: Suresh claims that he never signed any agreement with Ramesh and that the signature on the document is forged.
2. Defendant's Claim: A.B. was not the agent of the defendant.
   • Example: If Ramesh alleges that Suresh's agent, A.B., agreed to the terms on behalf of Suresh, Suresh can claim that A.B. was not authorized to act on his behalf.
3. Defendant's Claim: The plaintiff has not performed the following conditions.
   • Example: Suresh claims that Ramesh did not provide the necessary property documents required for the sale.
4. Defendant's Claim: The defendant did not perform the alleged acts of part performance.
   • Example: Suresh claims that he never paid the ₹5 lakhs advance as alleged by Ramesh.
5. Defendant's Claim: The plaintiff's title to the property agreed to be sold is not such as the defendant is bound to accept.
   • Example: Suresh claims that Ramesh does not have a clear title to the property and there are legal disputes pending.
6. Defendant's Claim: The agreement is uncertain in the following respects.
   • Example: Suresh claims that the agreement does not clearly specify the payment schedule and other essential terms.
7. Defendant's Claim: The plaintiff has been guilty of delay.
   • Example: Suresh claims that Ramesh delayed providing the necessary documents, which caused the delay in payment.
8. Defendant's Claim: The plaintiff has been guilty of fraud or misrepresentation.
   • Example: Suresh claims that Ramesh misrepresented the size of the property and its legal status.
9. **Defendant's C...

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