Question

"A", a real estate developer, entered into a contract with "B", the owner of a piece of prime land, for the purchase of her property. The contract stipulated that "A" would pay ₹50 lakhs in advance and the remaining ₹1 crore within six months. In return, "B" agreed to transfer the title to the land. However, after receiving the advance payment, "B" refused to execute the sale deed, claiming that she received a better offer from another buyer. "A" demanded enforcement of the contract under the Specific Relief Act, 1963, but "B" denied his claim. "A" has to file a suit in a court of law. On the basis of the above problem, select the correct answer:

• A. "A" may file a suit in the civil court having powers under the Civil Procedure Code, 1908.
• B. No suit can be brought against "A" as there is no breach of contract.
• C. "A" may file a suit in the criminal court having the powers under the Bhartiya Nagrik Suraksha Sanhita, 2023.
• D. "A" may file a suit in the special court constituted under the Specific Relief Act, 1963.

Hint:

Specific performance suits are civil in nature and are filed under the Civil Procedure Code, 1908, not under any criminal law.

Answer 1

The Correct Option is A

Step 1: Understanding the case.
The dispute arises from a breach of a contract for sale of immovable property. Under the Specific Relief Act, 1963, the aggrieved party can seek specific performance of the contract. However, the suit must be filed before a civil court that exercises jurisdiction under the Civil Procedure Code (CPC), 1908.
Step 2: Application to the problem.
Since "B" refused to execute the sale deed after accepting the advance payment, "A" has the right to seek enforcement of the contract. The remedy lies in filing a civil suit for specific performance under the provisions of the CPC, not in a special or criminal court.
Step 3: Conclusion.
Hence, "A" may file a civil suit before a competent civil court under the Civil Procedure Code, 1908.