Agreemen to purchase a shop already in possession on rent basis
rethirajulu
(Querist) 15 March 2015
This query is : Resolved
1.My relative had a shop on rental basis since 25 years.
2.The owner offered to sell his shop to my relative on 1989.
3.My relative agreed to purchase the made an agreement to purchase on 1989 & paid 50% out of sale consideration
4.My relative paid Goodwill also.
5.In 1990 my relative wrote a letter to the owner ready to pay balance amount for registration.
6.He replied, after returning from Bombay,he will arrange for registration.
7. Later, letter sent to the owner which is returned stating that he has expired.
8. In 1991 my relative sent a Reg post letter to the owner. No reply.
9.In 1993,the owner sent a notice to my relative to vacate the shop for their own use.
10. Reply was given.
11.1993,the tenant approached the owner(widow) & shown the letter of her late husband & received the balance amount for registration & said after Income tax clearance, registration will be done.
12.Later,the owner sent a letter to the tenant,stating that the property sold to another party.
13.In 1995, the purchaser sent a legal notice to the tenant to pay the rents.
14.The tenant replied suitably stating that she has already paid to the owner full sale consideration,waiting only for registration.
15.In 1996, a suit is filed in B'lore.
16.During pendency of the suit, the purchaser filed under HRC case which was dismissed.
17. Again, the purchaser filed another HRC case,got ex-parte order and got evicted from the shop. The then advocate & and the tenant both have not appeared, due to so many problems.
18. In os 2003
the court gave a judgement and Decree order issued stating that to execute the Sale Deed within 3 months by the owner,leaving the purchasers.
19.The execution filed in 2005,but the Judge gave a judgement on 2009 stating that the it is not executable due to already Sale deed made by the owner.
20.A writ petition is filed in High court in 2009, and the judge gave an opportunity to file R F A and withdraw
this writ petition stating that if your RFA is failed,your are at liberty to file for revival.
21. Now RFA is dismissed during 2014.
22. Now the writ petition is filed and admitted and waiting for regular hearing.
Whether I will get suitable remedies:-
a. from High Court to direct to execute the sale deed by the owners and the purchasers.
b. The lower court passed a Decree order to make a sale deed as per the law and also the same court passed another order it is not executable WHY.
Devajyoti Barman
(Expert) 16 March 2015
After the passing of recent supreme court decision writ court can not sit on appeal on lower court decision.
So the writ petition will fail for sure.
rethirajulu
(Querist) 16 March 2015
So what is procedure to get back the property? and get the sale deed registered.
Devajyoti Barman
(Expert) 17 March 2015
file civil suit for specific performance of contract.
Rajendra K Goyal
(Expert) 17 March 2015
Prey for specific performance in the civil court.
T. Kalaiselvan, Advocate
(Expert) 18 March 2015
A suit for specific performance of contract was to have been filed long back based on the transactions that took place in this regard earlier, whereas it appears that various other developments took place instead of approaching to the problem correctly then. In my opinion it is badly barred by limitation for specific reliefs too. You may go the advise of your advocate who is in the knowledge of entire story as well as the present situation.
T. Kalaiselvan, Advocate
(Expert) 18 March 2015
reply deleted due to technical error occurred while replying second time.
