can pronote for Rs (15) lakhs can be used for specific performance of agreemnt?
V.G.Rao Advocate
(Querist) 07 January 2009
This query is : Resolved
Hi all,
A land lord agreed to sell his property to his tenant who is in possession for Rs 35 lakhs and the tenant has paid a substantial amount of Rs 15 lakhs to the land lord, but the tenant instead of entering into the agreemnt of sale has taken a promissory note for Rs 15 lakhs and obtained land lord's signatures on pronote and receipt on one rupee revenue stamp affixed thereon. Later due to resons best known to land lord refusing to sell his property to his tenant, under the said circumstances,
Now my question is now the tenant can maintain a suit for specific performance agreemnt of sale of the property on the basis of pronote executed by land laord since it is intended by both the parties to sell and purchase the property?
PALNITKAR V.V.
(Expert) 07 January 2009
Basically, the tenant has to prove that there was agreement to sell and the pronote was executed in token thereof. If he has sufficient evidence to prove the agreement, then he can file a suit for specific performance.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 08 January 2009
Mr. palnitkar is absolutely right. If the tenant has sufficient proofs to prove his case then he can file a suit for specific performance.
