I had sold 1 freehold plot situated at Bhopal vide registered sale deed on 27.3.2008 to an individual for Rs 5.02 lacs. Purchaser had given me total consideration of Rs 5.02 lacs by post dated cheque dt 24.7.2008 and incurred expenses of Rs 50000/- approx. of stamp duty & registration charges. There is a condition in the sale deed that I am responsible for getting the building permission from Municipal corporation Bhopal and I can present the cheque of sale consideration for realisation in my bank only after getting the building permission from Municipal corporation, on building plans prepared by purchaser. After registration of sale deed purchaser had applied for building permission in his name and deposited Rs 63000/- in Municipal corporation. After long efforts I could not get building permission. I had served a notice for annulment of sale deed to purchaser in 2010 which he acknowledges but had not replied. I filed a declaratory suit in civil court at Bhopal for declaring the sale deed null & void. Here one fact more I want to add that as per initial settlement I have to bear the expenses of building permission but this fact has not been mentioned anywhere in sale deed. Sale deed is silent on this point as to who will bear expenses, fees, etc of building permission.
Pl suggest me how I can get sale deed nullified. Can any one suggest any case law etc or any other procedure
