suit for specific performance of contract

Adv B.B.Gambhir #9814820602 (Querist) 17 March 2011 This query is : Resolved
dear brothers,
my client mohinder singh filed a suit against Tarsem Singh for specific performance of contract for directing the defendant to registered the sale deed and permanent injunction directing the defendant not to interfere in peaceful possession over the suit property as the possession of the property was already with plaintiff as per agreement to sell. that suit was decreed as compromise was effected. it was settled that Mohinder singh shall pay rupees 125000/- to tarsem singh in equal installments of 8000/- and last installment of Rs. 13000/- my client Mohinder singh paid entire payment in time against proper receipts. but during the period of instalments, tarsem singh sold half of property to jagjit singh who tried to interfere in peaceful possession of the property my client filed suit for p. injunction only restraining the defendant Jagjit singh to interfere peaceful possession of the property but the said suit has been dismissed + in appellate court. now appeal is pending in high court status quo order regarding possession is pased. my client also filed a execution against Tarsem singhfor registred the sale deed in that execution Tarsem singh filed objection that he has not issued any receipt the dh has not paid any installment hence he has sold the property. matter is pending for evidence of objector. sale deed has not been challanged so far. my question is my client is poor man he wants to get out from all litigations what should he do?

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Guest (Expert) 18 March 2011
It is not stated that what is the compromise to repay amount or specific performance ordered under compromise decree? what is the decree terms. only clarifying other details will follow:-

Guest (Expert) 18 March 2011
as the trial court ordered \for the specific performance after the payment in the installments and all is paid. so in the execution petition you can mention all the receipts as taken form the defendant in this regard and court will finally order to the revenue authorities to transfer the record in name of the vendee

Sri Vijayan.A (Expert) 19 March 2011
1.There is no dispute/ challenge over the sale agreement or sale deed
2. Based on the compromise, the plaintiff had paid all the amount in instalments as agreed.
3.Plaint is in possession of property.

In the EP, the defendent may say that he was not paid any money and he had not issued any receipt.
And he may argue that the receipts are fake.
In that situation, you have to prove that the receipts are true and signed by defendant himself.
so make strong evidence to prove it.
Otherwise it is a strong case in your side.

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