Civil Matter.
Querist :
Anonymous
(Querist) 26 October 2009
This query is : Resolved
"A" has entered into an agreement of sale (un-registered document) with "B"and paid 1/4th of the agreement amount on the same day and agreed to fulfill the remaining balance amount within a period of 9 months from the date of execution of the said Agreement of Sale. But "A" failed to pay the remaining balance on some reasons. After a period of 18 months, "A " got issued a notice to "B" asking to return the money with interest and expressing his inability to go further. And a reply has been sent by "B" stating that he is ready to register the sale deed in favour of "A" subject to payment of the remaining balance amount. But actually "B" has transferred the said lands to "C" under a Registered Agreement of Sale cum GPA, but it was not mentioned in the said reply. "A" has filed a suit for receovery of the amount in a court. "B" has also admitted that even till today he is ready to register the sale deed in vour of "A" in case if "A" is ready to pay the amount, after appearing in the above said suit.
Now the point is (1) without cancelling the existance an un registered agreement of sale duly executed by "B" in favour of "A" how "B" is executed a Registered Agreement of sale cum GPA exeuved in favour of C". (2) Can "A" file a suit against B and C for cancellation of the said deed.
So plz. give ur valuable suggession in this litigation.
Raj Kumar Makkad
(Expert) 26 October 2009
Subsequent buyer has no role in the matter. If A is ready to execute it, get it immediately. It is the headache of A & C to decide the fate of subsequent agreement which definitely shall have to be concelled but dont wait for that.
Querist :
Anonymous
(Querist) 27 October 2009
Respected Raj Kumar Sir,Namaste
Thanks for ur opinion. But i want to clarify more from you.
"A" is the Agreement holder. "B" is the land lord and where as "C" is the new purchaser. Actually either "A" Or B" has not given any notice for cancellation of the said Agreement of Sale. And "A" is also not interested to go for registration now."A" has filed a suit for recoevery of the suit for paid amount with interest which is still pending. My point is:-
(1) Even "B" has not exposed in his reply notice about the transfer of the lands to "C". And B has not cancelled the existing AGreement of Sale which is in faovur of "A". So without cancelling the existing Agreement of Sale, how B can register the Agreement of sale cum GPA in favour of "C".
(@) Now is there any possibility to cancell the said document duly registered by "B" in favour of "C", by way of filing a cancellation suit.Whether a cancellation of suit is maintainable for the cancellation of the registered Agreement of Sale cum GPA.
(3) A is not at all interest to go for registration and thus he has not filed the suit for specific perfoamance and simply filed a suit for receovery of the advanced amount.
Pls. reply.
