Suit for specific performance of contract
Suresh Babu Rai
(Querist) 26 October 2013
This query is : Resolved
Respected Members!
I have filed a suit for specific performance of agreement. The facts of the case are, my client was offered with a house for sale, the sale consideration is Rs.6, 00,000/- in total. My client has accepted for the proposal of the defendant and has paid an amount of Rs.5, 00,000/- as advance (earnest money) six months ago and an agreement of sale was reduced in to writing on Rs.100/- NJ Stamp Paper.
The defendant received the amount of Rs.5, 00,000/- as advance and agreed to receive the balance sale consideration of Rs.1, 00,000/- on or before 01.10.2013. My client went to the defendant on the date aforementioned and requested the defendant to receive the balance sale consideration and to execute a Regd. Sale deed as agreed accordingly.
The defendant for one or other reason was postponing the same under one or other pretext. Finally I have issued a legal notice to receive the balance sale consideration of Rs.1, 00,000/- kept with me as case and demanded to execute a Regd. Sale Deed on or before seven days from the date of receipt of my legal notice.
The defendant received my legal notice, neither have replied for the legal notice nor have executed any Sale deed in favour of my client as such I have filed the suit along with an application praying the court to pass an ad interim exparte temporary injunction restarting the defendant from alienating the suit house to the third parties.
But unfortunately the suit was returned with an endorsement directing me to deposit an amount of Rs.1, 00,000/- payable to the defendant along with the suit.
I have resubmitted the suit and mentioned that. Courts shall not insist the plaintiff to deposit the balance sale consideration as he himself mentioned in the pleadings that he is ready to pay the balance sale consideration towards his part of performance and prayed that I may be heard on bench in this regard.
The case is called for my arguments and the Judge asked me for citation in this regard and adjourned after a week.
Please guide me properly! Thank you one and all!!
Anirudh
(Expert) 26 October 2013
I think you have posted the query at two threads.
Please note mere agreement to sell/purchase (without handing over of possession to the buyer) would not require registration.
Anirudh
(Expert) 26 October 2013
I have posted my view only to the querist. I always mind my business.
prabhakar singh
(Expert) 26 October 2013
Dear Mr. Suresh Babu Rai!
Please see my views on duplicated thread where my answer has gone duplicated.
I understand this duplication is happening due to server faults.
R.K Nanda
(Expert) 26 October 2013
repeated query.
Suresh Babu Rai
(Querist) 27 October 2013
I am very sorry Respected Seniors!
When I was about to finish the quiry, I mean first thread all of sudden my system was shut down due to power cut. I had a doubt whether my quiry was taken to the notice of experts or not, for which I was repeated posting the quiry but unfortunately it was already sent.
I am very sorry causing inconvinience to the senior members, I will not repeat the same in futuer. Thank you one and all....
ajay sethi
(Expert) 27 October 2013
you have not deliberately repeated the query . it happened inadvertently . no need to apologise
