Breach of contract
dilsingh
(Querist) 02 April 2015
This query is : Resolved
a person has brought upon me a breach of contract suit. The person charges that i was not able to produce the real owner of the property to get the sale deed executed in favour of plaintiff. My point is that i was present at the registrar's office on specified date (and i have proof of that in attendance). I dont have the attendance marked of the real owner at the registrar's office, but he is ready to depose before the court that he was present with me. So will the court take note of my defence?
dilsingh
(Querist) 02 April 2015
comn someone reply??
Guest
(Expert) 02 April 2015
In which capacity of yours the concerned person brought upon to you a breach of contract suit?
Moreover, yours is quite vague academic query without any background of the case.
dilsingh
(Querist) 02 April 2015
i entered into an agreement to sell a piece of land to the plaintiff from the original owner. Actually, I had the contract with the original owner to buy the land, but i wanted the sell the land to the plaintiff without getting sale deed executed under my name (the general way of making money in realty, where property keeps on getting transferred under contractual terms like beana, and only very few people actually gets the property registered).
Now, the plaintiff sensing that market rates are falling and he has no money wanted to back out of the contract. So he did not want to get the property registered, but cunningly got their attendance marked at the registrars office. But never asked me to get the property deal executed actuallly he clearly said to me that he cant have the property deal executed.
Even I got my attendance marked at the registrar's office but dont have the attendance of original owner marked. But the owner was there with me and is ready to depose that he was with me at the registrars office.
Now he brought the suit that i didnt have the owner's present to get him the property. He claims that i breached the contract that i should pay him the deposit back.
please advice how to proceed? thanks
SAINATH DEVALLA
(Expert) 02 April 2015
What kind of an agreement did U enter, mention the contents of the agreement
dilsingh
(Querist) 02 April 2015
the agreement with the plaintiff was that the plaintiff will get the suit land registered from the original owner on the said date and towards that end i took the deposit from the plaintiff.
SAINATH DEVALLA
(Expert) 02 April 2015
So it is an agreement on a stamp paper, was it duly witnessed?Come out with some more contents
dilsingh
(Querist) 02 April 2015
yes the agreement is on stamp paper and duly witnessed.
The plaintiff entered into an agreement (beana) to buy the land and paid some earnest money such that the sale deed would be executed from the original owners at the later date when they pay the full amount.
Guest
(Expert) 02 April 2015
What is the time of your attendance and other party's attendance in registrar's office on the appointed date and also whether any time was fixed for appearing in the office of the registrar, as per the agreement?
dilsingh
(Querist) 02 April 2015
actually no time was fixed on the agreement, only date and place as town name was mentioned. The time we would have fixed over phone but never needed to do so because the plaintiff clearly mentioned to me before the sale deed execution date that plaintiff will not get the sale deed executed. Moreover, plaintiff was not even worried about the deposit getting forfeited and said that i can keep the deposit.
But i still went upto the registrars office on the agreement date. I remain present there the whole day. The plaintiff never turned up at the registrars office but claimed in the court to be present at the help centre (suvidha centre) and filed the affidavit that it was me who never turned up on the agreed date and did not bring the original owner with me to get the sale deed executed.
Devajyoti Barman
(Expert) 02 April 2015
Since trial is pending wait till its decision is passed. In specific performance suit it is the discretion of the court whether to pass decree or not which is purely a equitable relief.
dilsingh
(Querist) 02 April 2015
trial is concluded in the lower court and it has given an adverse judgement against me saying that the defendent (me) failed to produce the owner (since the owner's) attendance was not marked.
I am going on appeal,,thats why im looking for grounds to prove that the plaintiff was never serious abt the deed getting executed. Further, the owner came as a witness and deposed before the judge that the owner was indeed present with me,,but the judge said that this is all fabricated. I dont know how the judge could form such a strog opinion against us..
Guest
(Expert) 02 April 2015
Mr. Dil Singh,
So, do you feel that concealment of facts would get you the right advice. You started first with a very vague query. On asking, you told about the background, but still did not mention about the trial and the status of the case. But now you have come forward with the fact that the trial is already over and the case decided against you. Now, even on asking, you have not stated the timings of recording of attendance of both the parties in the registrar office.
Naturally during trial also, similar would have been the tendency in your court case and you would not have presented the facts fully. I feel, even the case would have been presented by your lawyer also half-heartedly.
Sow since you have stated that the case has already been decided, it would be prudent on your part to get your documents examined by some expert personally to enable him advise you appropriately, if you want to file an appeal. Without examination, any appropriate advice would not be feasible, as there can be marked different between our interpretation of the facts and judgment and yours.
dilsingh
(Querist) 02 April 2015
the intention was never to conceal any facts otherwise i would not have written all the details which i feel are getting asked. It is just that i felt i could ask a specific thing to begin with (which as it turns out is quite vague without knowing the full facts of the case).
I guess being the first time user of such forum, i didnot know how much information would be needed to get advice.
So I APOLOGISE if it comes across as concealment of facts.
In any case to answer one of the earlier questions, the timing was whole day presence for us.
But i am not too sure what time the plaintiff said, he just showed the attendance as being present at the help centre.
dilsingh
(Querist) 02 April 2015
yes sir im getting lawyer's opinion personally.
Why i brought up the whole issue was that miscarriage of justice had taken place and i thought u guys can give some ideas to tackle the kind of extortion i m facing.
dilsingh
(Querist) 03 April 2015
the caveat in presence is that my presence is at the registrar's office, but the plaintiff is showing presence at the help centre.
Guest
(Expert) 03 April 2015
Miscarriage of justice happens only when the case is not represented properly. Even now, in all of your posts there is one or the other communication gap. Even in your latest post you have made the experts to guess, help centre of what, when only the office of the registrar was concerned with the issue?
So, as advised earlier, better get personal consultation from any expert by showing the case related documents. There may be several question, which the expert would feel the need to raise to get the needful information to arrive at some firm opinion.
ajay sethi
(Expert) 03 April 2015
consult a local lawyer
Rajendra K Goyal
(Expert) 03 April 2015
If the decision of the case has gone against you, consult some senior lawyer and go for appeal.
Dr J C Vashista
(Expert) 03 April 2015
What does your lawyer advise? If not, consult him/her.
T. Kalaiselvan, Advocate
(Expert) 08 April 2015
Expert Mr.Dhingra has rightly observed the peculiarities in your post from one to another and the way you have come out with the details after having prompted by experts. Well, as opined by experts, a close examination of documents as well as the judgment, an expert local lawyer would be be able to guide you properly further on the issue.
