Section 16 c
Bhika Reghiwale
(Querist) 11 October 2015
This query is : Resolved
Sir
Experts
In section 16 c of specific relief act if plaintiff did not aver & prove the readiness & willingness in the sale contract of land till 2 years from the cause of action . Then whether the suit will be dismissed ? Please advice me.
K.S.Srinivas
(Expert) 13 October 2015
In the absence of averments conforming to Section 16(c), the suit is liable to be dismissed.
(Kochu Thommen, J. in Govindan v. Ulahannan, (1987) 2 Ker LT 513).
Dr J C Vashista
(Expert) 15 October 2015
Agree with expert advise of Mr KS Srinivas, the adjudicating court may ask to deposit balance of consideration in the Court.
Bhika Reghiwale
(Querist) 15 October 2015
The
Sir Actually in above suit one witness states, it is a case of money borrowed fm this money lender by him by keeping this farm land above of my friend as a security measure by executing this sale agreement u/r.The plaintiff has no licence . Plaintiff gave amt @ 10 per month . This is a fact also .
This friend of defendant is one witness in a agreement. This is all knowing matter. We are also having a solid proof of his money lending with this witness in other case for which the periods are maching each other. In my case, in between he has taken two times time extensions for a period of 2 & 5 months respectively. And rest of the period of 14 months is without agreement. In these agreements witnesses are same In above two agreement of time extension it is clearly mentioned in these agreement's that time is demanded by plaintiff only.Again the entire base of suit he filed is 1. We were not ready and willing to sale deed since beganing
2. Amt paid by check.
3. He purchased stamp papers of 20 rs to show only his presence in Register Office , after 2 yrs in this manipulated proof. It may be noted that point no. 1 on which he filed a suit is a totally contradiction to the statements he committed in agreements for his readiness , willingness and inactive ness . I have also filed a complaint in District registrar office for this money lending as per new money lending law of Maharashtra 2014, which is in a stage of hearing. As per new law it is a crime punishable I have also demanded his income tax particulars He never came for lease deed as he is getting a huge amt from us during 27 months I returned his whole amount. please advice me for winning this case of actual fact .
V R SHROFF
(Expert) 19 October 2015
Plaintiff gave amt @ 10 per month . This is a fact also .MONEY LENDING AT EXORBITANT HIGH RATE
IF IT IS IS PROVED, ? NOTHING REMAINS...
