Suit for specific performance
kamal
(Querist) 02 March 2012
This query is : Resolved
UNREGD. AGREEMENT SIGNED TO SELL PROPERTY.BUYER DIDNOT TURNUP ON DATE OF FINAL PAYMENT.I BEING SELLER GOT MY ATTENDENCE MARKED WITH THE REVENUE AUTHORTIES.BUYER PAID SOME AMT. AND GOT EXTENSION BY ONE MONTH TO MAKE FINAL PAYMENT AND GET REGISTRY EXECUTED. AGAIN ON EXTENDED DATE BUYER DID NOT COME. I AGAIN MARKED MY ATTENDENCE WITH AUTHORTIES. AFTER THIS I SENT LEGAL NOTICE GIVING HIM ANOTHER OPPORTUNITY TO GET REGISTRY FAILING WHICH HIS MONEY PAID WILL BE FOREFEITED. STILL HE DID NOT BOTHER NOW 3 YEARS ARE GOING TO ELAPSED AND BUYER IS THREATENING TO FILE CASE FOR GETTING REGISTRY DONEi.e FOR SPECIFIC PERFORMANCE.IN THE AGREEMENT ALSO IT WAS MENTIONED THAT IN CASE OF DEFAULT BY BUYER HIS MONEY PAID AS BIANA WILL BE FOREFEITED. KINDLY ADVISE HIS CASE WILL HELP HIM IN ANY WAY. HE THREATS TO GET MY LAND STAYED FROM COURT DOES HE HAS A FIT CASE FOR GETTING STAY. PROPERTY PRICES HAVE INCREASED AND ALTERNATIVLY HE WANTS PROPERTY AT OLD AGREED PRICE.IF CASE IS STRONG SHOULD I RETURN HIS MONEY PAID AS BIANA[ADVANCE.
ajay sethi
(Expert) 02 March 2012
as per agreement terms time is essence of contract . buyer has failed to make payment on time inspite of repeated reminders . you are justified in forfieting advance payment as he has failed to perofrm his obligations under the contract
Kirti Kar Tripathi
(Expert) 02 March 2012
yes, you can forfeit advance payment, if any such condition is in the agreement to sale
Raj Kumar Makkad
(Expert) 02 March 2012
The alleged buyer can do nothing against you in the given facts. Even if he files the proposed suit, he shall have to lsoe it and ultimately you shall win.
Rajeev Kumar
(Expert) 02 March 2012
Yes you forfeit the advance money if it is a clause in agreement
Adv.R.P.Chugh
(Expert) 02 March 2012
Specific Performance is an equitable relief granted only when the person seeking performance has not acted in subversion to his agreement and has been, and is, ready & willing to perform his part of the contract. In this case his indifference is writ large on the face of the record, hence is not entitled to specific performance in any manner. On the contrary you are entitled to forfeit the bayana amount. However you have not specified what is the actual amount, for the court would not allow the same if it is too much - forfeiture can be only to the extent of reasonable amount, after taking into consideration the total transaction value
prabhakar singh
(Expert) 04 March 2012
The facts stated by you suggest you have very strong case against the proposed buyer.
He can not successfully seek specific relief from the court as his conduct shows he has never been ready and willing to perform his part of the agreement while you have been ever;hence relief being equitable the court shall refuse to grant him any such relief.
