Hi Sir,
I had a family dispute and had an panchayat with some big people in my home town. Finally myself and my brother entered into signing 2 different agreements. One is a sale agreement and other is "cammita bond". Both the agreements were executed on same day (15-May-2010) and sale agreement says that my brother has to pay the residual loan on the property which he is intending to buy and pay full sale amount in cash to myself. This has to be done on or before 16-Jun-2010. "Cammita bond" says that my brother has to fulfill 3 conditions upon which final sale deed will be executed. The property is my self acquired property.
My brother didn't complete his part of completing 3 conditions and asked to come for registration. He wasn't even ready to pay the residual loan on the property. I have denied to come for the registration and issued a legal notice that he didn't complete his part of fulfilling my 3 conditions. So the agreement is cancelled and advance money is forfeited by himself by not completing 3 conditions.
Then he went for filing specific performance of act suit against me on sub-court saying that time is not essential as part of the contract. I was not aware that contract should say "the sale agreement is cancelled after16-Jun-2010". (I was forced to sign the agreement on the same day itself).
The case went in favour of my brother though we submitted evidences that he didn't complete his part of fulfilling 3 conditions set by ourselves. The same happened in district court as well.
Can someone please advise why this is happening and remedy to revoke this sale agreement?.
Regards,
Durai.
