Specific performance
lalit
(Querist) 28 August 2011
This query is : Resolved
X enters into an agreement for sale of a flat with Y,with consideration as Rs.100000/-. later X executes a deed of conveyance but does not register the same,WHICH BEARS NO REFERENCE OF THE agreement for sale, in favor of Y,showing consideration as 60000/-.X destroys the original agreement for sale.Y files a suit for specific performance for registration and possession,relying on the executed deed. can X produce the xerox copy of the agreement for sale, WHICH IS NOT REFERRED IN THE DEED, and claim balance 40000/-
Kiran Kumar
(Expert) 28 August 2011
secondary evidence is taken into consideration under certain prescribed conditions only.
in your case, it will be hard to prove the original document.
here both the agreement to sell and sale document were required to be registered....provisions of Registration Act, 1908 will come into play...mere photocopy of the unregistered document will not serve the purpose.
prabhakar singh
(Expert) 28 August 2011
i share the opinion expressed by Expert : Kiran Kumar
lalit
(Querist) 28 August 2011
sir, the honble court has awarded interim injunction to Yplaintiff-- restraing Xdefendant from creating any 3rd party rights,for suit filed under spec. per. for regn and possession.
shll X submit xerox copy of agreement for sale showing value as 100000 and contesting unregistered sale deed value of 60000/- as evidence--however original agreement for sale has been destroyed.
X says he is willing to register only if balance 40000are paid to him
