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K.KIZAR MOHAMED (PRINCIPAL)     29 July 2011

Breach of sale agreement

 

Dear Sirs,

We  entered into an unregistered agreement for sale on 15-12-2008 to sell our agriculture land measuring 10 acres and 30 cents. The Purchaser paid Rs. 10 lakh as advance. The deadline for paying the balance amount was 02-04-2009. Even in the month of February 2009, 1 acre and 8 cents of land was registered in the name of the Purchaser on his request. Then the Purchaser did not pay the balance of Sale Consideration on the deadline date of 02-04-2009 on the pretext that our title to the property is doubtful. But, again after 25 days that is on 28-04-2009 he begged us to execute Sale Deed for 2 Acres and 93 Cents and we did so on humanitarian grounds. In toto we executed Sale Deeds for 4 Acres and 1 Cent of our land. Then he paid from Rs.1 lakh to Rs 2 lakh now and then and kept on extending the date of final settlement. We got vexed and sent a Legal Notice that we were not interested in selling our land to him. Meanwhile we got Pattadar (MUTATION)Passbooks and Title Deeds from the Revenue Authorities to prove that we are the Rightful owners of the Property and there are no disputes over the title. Then the Purchaser filed a suit in the Additional District Judge's Court at Madanapalle, Chittoor District, AP  in the month of September 2010 for Specific Performance of the Unregistered Sale Agreement with a lot of imaginary stories. We filed Counter Affidavit and the Case is pending before the Court. Kindly let me know whether we stand a chance of winning the Suit.



Learning

 1 Replies

girish shringi (advocate)     30 July 2011

Basically prt performance of the agreement had been executed by you at one side and on the other you did not objected the party or terminated the contract .

However you had thereafter also made sale deed to the party so half the portion of your property already sold to the party,hence party can insist on his genuine deal and perfect intention to acquire the same.Now it has become the matter of lengthy legal procedure between you and the party.The Apex court has given the final judgements in these kind of cases considering the situation and exhibits of the cases.

Girish Shringi

(Advocate)


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