Specific performance
lalit
(Querist) 28 August 2011
This query is : Resolved
X enters into an (UNREGISTERED)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,and awarded interim injunction restraining X defendant from creating 3rd party rights,relying on the executed deed, with signed memo of consideration.
can X produce the xerox copy of the (unregistered)agreement for sale, WHICH IS NOT REFERRED IN THE DEED, and claim balance 40000/-.
shall X produce the xerox copy of the destroyed agreement and contest the value.can Y claim that the agreement for sale was invalid, or the deed of coveyance was the final valid document, or the agreement was mutually cancelled, or the deed of conveyance is an independent document which however does not carry even any vague burden or reference of the agreement for sale.The

Guest
(Expert) 28 August 2011
repeated enquiry in forum, and experts section. already experts replied the same.
ajay sethi
(Expert) 28 August 2011
why do you keep on repeating same query? when experts have already dealt in gret detail with your queries please do not ask same question again
lalit
(Querist) 29 August 2011
i offer my sincere apologies to all my learned friends and well wishers.