Agreement of sale
Naveen Kanth Dasari
(Querist) 07 September 2022
This query is : Resolved
Dear Experts,
I am a Practicing Advocate, I have a query regarding Agreement of Sale, I have filed a case for specific performance.
The Facts of the case is that my client entered into an Agreement of Sale with a property owner(Who is a close friend of my client) for total sale consideration of Rs.25 lakhs out of which 5 lakhs was paid as an advance by my client to the property owner and the remaining balance of 15 lakhs shall be paid within 45 days of the Agreement and after receiving the advance the property owner signed the Agreement of Sale and handed over the possession of the property to my client and my client has done some renovation spending 5 Lakhs and since then my client is in the possession of the schedule property. The terms of the Agreement was that my client shall approach the bank for loan to repay the balance sale consideration for which the property owner also agreed, however after sometime the property owner did not cooperate with my client or with the bank people for verification of the property documents in the result the loan was rejected, unable to bare the attitude of the property owner my client approached me for solution and at first I sent a legal notice to the property owner giving him 7 days time to cooperate with the bank and also cooperate with my client for registration of the property after taking the balance consideration. The notice was received by the property owner however he did not reply the notice whereas orally approached my client saying that he do not want to sell the property. Later on I filed a case in the court praying the court to direct the Defendant to co-operate with the Plaintiff in availing the bank loan and also direct the Defendant to execute a registered sale deed in favour of the Plaintiff or her legal heirs on the agreed sale consideration.
The property owner received the summons and appeared before the court and his counsel filed Vakalat and since he nor his counsel are appearing before the court, however my client arranged the balance amount from other sources and ready to pay the balance consideration without approaching the bank for availing loan, my client even after filing the case and also after arranging the amount approached the property owner for amicable settlement but the owner did not cooperate.
My Query is:
1. Do i have to file an Amendment Petition for Amendment of Plaint as the earlier facts was that my client wanted to approach the bank for loan and the owner was not cooperating, however now as my client has the balance amount and she is ready to pay the property owner and go for registration?
2. Or can i deposit the balance amount in the court?
Please Advice
Thank You.
kavksatyanarayana
(Expert) 09 September 2022
You shall deposit the balance amount in court.
Advocate Bhartesh goyal
(Expert) 10 September 2022
Yes, your client has to prove that he was ready and willing to perform his part of agreement at the time of execution of agreement and also ready to perform in future so to prove this your client should deposite the balance sale considertion in court.
Dr J C Vashista
(Expert) 11 September 2022
Very well analysed, opined and advised by senior experts, I endorse the same.
Naveen Kanth Dasari
(Querist) 11 September 2022
Should I file Ammendment Petition or U/s 151 CPC Petition and deposit the amount in the court
Naveen Kanth Dasari
(Querist) 12 September 2022
experts please suggest Should I file Ammendment Petition or U/s 151 CPC Petition and deposit the amount in the court
Advocate Bhartesh goyal
(Expert) 12 September 2022
Your client need not to file amendment petition, file petition simply u/sec 151 cpc and seek permission to drposite balance sale consideration in coutt.
