Breach of contract
Pawan Kumar
(Querist) 19 December 2013
This query is : Resolved
Dear Experts, Mr. A did an verbal agreement of sale of a property for Rs. 500000 and took Rs. 300000 as bayana, for which he gave a receipt for the same, in which he wrote only that he has received Rs. 3 lacks as bayana for said property.
Now when B asked for the sale deed registration, A refused then B filed a civil suit for specific performance, for which summons were received to A on 10/10/2013, but Mr. A sold this property on 15/10/2013 to third party and got registered in his name. while court gave stay order on 18/10/2013. Is the act of Mr. A legal and what remedies are available to Mr. B.
ajay sethi
(Expert) 19 December 2013
you will have to add purchaser as party to the suit . since third party rights already created no injunction would be granted against A . amend your plaint
Pawan Kumar
(Querist) 19 December 2013
But my question is whether A can sale property after getting summon against that particular property.
Devajyoti Barman
(Expert) 19 December 2013
The sale is irregular but not void.
The seller is now only to compensate the plaintiff.
He can also be suited for violation of injunction order.
Pawan Kumar
(Querist) 19 December 2013
But in this case possession was already transferred to B after receiving byana amount, and he has proof of occuping the property.
Devajyoti Barman
(Expert) 19 December 2013
Ask B to file suit for specific performance of contract. I f he is possession then why is he worried.
Rajendra K Goyal
(Expert) 19 December 2013
B is in possession of the property, and has filed suit for specific performance. Good chances for success exist.
Guest
(Expert) 19 December 2013
Any Un registered sale agreement is not a valid document as per SC,whereas in this case it is only a receipt the third party to whom the saledeed is executed is strong and he could apply for eviction .You could file a criminal case including Breach of Trust and seek refund with penalty and interest
Raj Kumar Makkad
(Expert) 20 December 2013
I do agree with the experts hence no more to add.
V R SHROFF
(Expert) 20 December 2013
agree with the experts
Pawan Kumar
(Querist) 21 December 2013
But, whether possession transfer to B only on byana receipt is valid in law?
adv. rajeev ( rajoo )
(Expert) 21 December 2013
New purchaser is the necessary party to the suit. Your suit is not maintainable because there is no regd., agreement of sale, at the most you will get the earnest money refund with interest.
SHIRISH PAWAR, 7738990900
(Expert) 19 December 2013
