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kesepallir (Master Degree)     10 November 2015

Specific performance of act- what is the limitation of it

I entered into an agreement of sale to my plot in year of 2005 with person and total sale agreement was Rs.1,00,000 and purchaser paid the advance amount of Rs.25,000/-. And agreement terms and conditions the time is 3 months from the date of agreement and remaining amount to pay within a time and do the registration , another condition also is that if i am not coming for the registration the purchaser has liberty to deposit the amount in the court and do the registration. 

The purchaser not completed the transaction within 3 months and later .When the prices gone up in the real estate and he served notice to from lawyer saying that my client is ready to pay the balance and do the registration in the year of 2008, just before 2days before the 3yrs from the date of agreement sale. Before i reply he filed the suit inthe court. Now i am not ready to sale the property, at the time of agreement i had some financial problems i entered in to the agreement. 

During the Cross examination, the purchaser clearly said that i didnt given any notice or informed any manner to come for registration within 3 months or immediate of that also, he also said that he never contacted at any time. 

During the Cross examination to me , i said i requested so many time to him, but i didnt come forward to complete the transaction, when the opposite lawyer asked that how many time you meet him? i said approximately 15 to 20 times when i visit my office purpose and he is post posning the matter, lawyer framed that you were only giving time to him and you give that 3yrs of time right? then i answered just "ha" and its recorded .  Lower court has given the judgement based onthe  settlement law, court has given that as purchaser is postponing the for that instead of pay the remaining balance amount as Rs.75,000/-, the purchaser has to deposit the Rs.1,50,000/- in the favour of court and do the registration.

I filed in the District court that purchaser has not at all shown interest to perform the his part of duty to compelte the transaction within the time of date mentioned in the agreement, even after he is not paid single rupee after 3 months , he just postpone the matter. I requested so many times even after completion of 3 months, but he never turned up. District judgement given that lower court order has set aside, grant order to me.

Now the case is High Court. Now he is coming for Comprimise do i need to go ahead for the comprimise ? If yes then what should be weightage of my case. 

Please give your valuable suggestions on the above matter.

Thanks.

 

 



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 10 Replies

T. Kalaiselvan, Advocate (Advocate)     10 November 2015

What is the compromise proposal he has made with you during pendency of the appeal before high court?  If the compromise constitutes that h pays a higher amount than the sale agreement amount in view of the escalation of the land/real estate costs, you may consider the execution of sale if it is feasible or you may even consider return of his amount without interest.  It is in the interest of avoiding further litigation.

kesepallir (Master Degree)     10 November 2015

Thanks for reply,he is demanding 50%.after filing the case in high court. I said to him initially 10%, again he demanded 50 or 45,he is big cheater in that town.he wil send mediator, will not come forward to finish.I still doubt he has some other plan.To with heart I don't want give single rupee. Even though matter is in high court he is trying to unpopular that plot had litigation etc. First of all I want to know the percentage of winning chances high court or supreme court in favour to me. Please advise if I want to go ahead with compromise what should be the ratio or how much money should you suggest. Thanks in advance...

kesepallir (Master Degree)     10 November 2015

They prayed in high court that don't alienate.high court has given intern stay.

T SATYANARAYANA   10 November 2015

Go ahead with compromise as when he pay the compensation to u for wasting the valuable time and take written statement from him such as in future never ever do such type of bitter mistakes otherwise put a civil fresh suit as defamation against him as per I.P.C 499 with concerned advocate and best of my opinion would be compensation cum written statement from him

kesepallir (Master Degree)     11 November 2015

First of all I would like to know the winning chances in high court or in supreme court.if I had chance then I will keep quitewithout asking for compromise. If winning chances are less in favour me.then I will go for compromise. Plz suggest what should be the best deal for me to go with compromise(ratio) .

kesepallir (Master Degree)     11 November 2015

My advocate said that  only return that token amount Rs.25,000/-  along with bank interest?.  if he comes for compromise, No need to give land share etc . In his pleadings from the lower court to till high court he only demanding the plot and do the registration, not for the return of money what he given to me i.e Rs.25,000/-.

Now he is coming for compromise,  He is asking for land share 45% or 50% . We are ready to give 25%-35%, should i need to go with this ratio or not required at all. In District court also given that not even mentioned that i need to return his Rs.25,000/-money back him.Please share your views with above facts , how much of winning chance in favour to me in high court or suprement court.

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     12 November 2015

In agreement with the view taken by the Ld experts

dr g balakrishnan (advocate/counsel supreme court)     12 November 2015

Do not go for compromise. let the law take its own course.


(Guest)

It is a funny query. You are hiding something. These property sale agreements are written very clear. If sale deed not executed by any of party in specified period say 90 days, buyer fofeits his advance money and if seller does not execute, he has to pay double the amount. So what is confusion?

You have given statement on oath that you kept offering buyer opportunity to get registry done? Why? This point I cant understand because you say property rates had gone up.

You could simply sell off your property to another buyer after lapse of sale agreement . That is all.

Did youhave a broker? Whathe said? He is important element and witness in this dispute?

Please be transparent when you ask query and also be brief and to the point.

High court has given interim stay. That is also funny. High court wont do that unless you have shown some commitment to extend purchase time to buyer in some form.What is that?
Can you send me your copy of agreement . There is some hanky panky some where.

 


(Guest)

It is often seen that as query progresses querists disclose more informaiton which is totally different than original direction.


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