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.
