Agreement of sale

Naveen Kanth Dasari (Querist) 04 June 2019 This query is : Resolved
Hello Experts,
I have a query regarding agreement of sale.
One of my client have entered into Agreement of Sale with owner of the property in August 2018 for a total sale consideration of Rs. 25 lakhs and out of the sale consideration my client have paid Rs. 5 Lakhs as advance at the time of agreement and since the date of agreement my client is in the possession of the property and also my client have spent Rs. 3 Lakhs for renovation work like replacing the floors with tiles and white washing, etc and as per the agreement my client have to pay the total amount in two months. However at the time of agreement he informed the owner that he have to approach the bank for loan for which the owner also agreed to co-operate with him for providing any documents when required, but when my client approached the owner to provide him the Vendor Form as the same had to be submitted before the bank for loan approval, but the owner did not co-operate and after constant follow ups he has given the Vendor Form after 4 months from the date of agreement and when the bank officials had asked my client to get the owner to the bank for documents verification but again the owner is not co-operating. Further last week the owner of the property came to my client and asked him to vacate the premises as some other person has offered 30 lakhs for the said property. Now my clients problem is he has spent around Rs. 3 lakhs for renovation and he do not want to leave the property as the owner without his knowledge is trying to sell the property to third person. Further the agreement of sale is an unregistered agreement.
My query is Can i file a case under specific relief act praying the court to direct the owner of the property to come forward and execute the sale deed in favour my client and also can i file a perpetual injunction suit along with specific performance. Please suggest me.
Thank You.

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SHIRISH PAWAR, 7738990900 (Expert) 04 June 2019
You have to file suit for specific performance and injunction application.

Naveen Kanth Dasari (Querist) 04 June 2019
is it necessary to send a legal notice before filing the case

J K Agrawal (Expert) 04 June 2019
Yes both relief at a time possible.

Dr J C Vashista (Expert) 05 June 2019
1. Since your client is in possession of suit property, advise him not to vacate and continue possession.
2. File suit for specific performance after issuance of legal notice qua execution of documents and acceptance of balance of consideration.
3. However, you will have to establish "readiness and willingness" to pay balance amount.

Naveen Kanth Dasari (Querist) 05 June 2019
Dr. J.C. Vashista thanks for your suggestion, but sir the problem is the owner is trying to alienate the property to the third party, so i'm worried that sending legal notice may delay the process, can't i file the suit directly and file an application for ad-interim injunction.

Naveen Kanth Dasari (Querist) 05 June 2019
Thank you other experts

Guest (Expert) 05 June 2019
You should approach the Court for Specific Performance as Rightly Advised by Advocate Mr.Shirish Pawar and as he had rightly mentioned the " Injunction Application " which is nothing but Stay Order in further proceedings in the property related to the Owners .You could approach the Court with or with out serving Legal Notice..Better be Fast.

Guest (Expert) 05 June 2019
Well Advised by Advocate Mr.Shirish Pawar

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