Hi ,
My client ( seller ) entered into ageement to sell on 30.09.2007 , got Rs.15 lacs CASH as earnest money against deal of Rs. 75 lacs , registered deed was to be agreed to done on 30.11.2007 , buyer did 't turned up but we presented in regiterar office to execute promise on our part officially . Now the price of such property has gone to Rs.2 cr. Buyer within limitation time filed suit on us for specific performance , we have following defences...
1. we have official attendance in regiterar office on that date.
2. Buyer must not have evidece of avaiable Rs 60 lacs on that date ( agreed remaining amount ).
3. buyer had paid Rs 15 lacs in CASH by violating Income Tax Rules.
I want to get suggessions from my senior friends that above defences will work in my favor . also pl tell me further defence if there is any.
Thanks