Sp performance
R.KARTHICKEYAN
(Querist) 02 February 2016
This query is : Resolved
i borrowed money RS;30000{THEE LAKS} against executing a registered sale agreement of my land in 2013.,it was given by government to me in samathuvaburam thittam before 15 years. the lender is doing money lending business with high interest. i pay interest till last jun 2014 without any receipt[total interest paid amount;Rs280000]. now the lender filed specific performance suit. what is the remedy to me. i am ready to pay the dept in right manner. the witnesses in the agreement is also sub borrower of me. they are in fever of me.
Isaac Gabriel
(Expert) 02 February 2016
It depends on the conditions in the promissory note.However, you can compromise with the lemdor without recourse to legal action.
SURESH BV, Advocate
(Expert) 03 February 2016
Since, the suit for Specific Performance is already filed, there is no other go for you but to contest. Give proper documentary and oral evidence to the Court. As you said the Witness is also supporting you, you have a better chance to see that the suit is dismissed. On the other hand you may also file a criminal case against him.
Adv. Yogen Kakade
(Expert) 03 February 2016
Is there any clause mentioning the amount borrowed in the sale agreement and the consequences of non-payment? If No.. then defend smartly with the help of good lawyer and witnesses.
Rajendra K Goyal
(Expert) 03 February 2016
Try for amicable settlement / compromise.
If it is not possible defend the case against you / oppose the specific performance suit.
