Ready and willing to purchase suit under specific performance
Tereza
(Querist) 31 May 2014
This query is : Resolved
Dear sir,
I have made an agreement for purchase of land during Oct.2004. On the Stamp paper sellers party, Husband wife and son all three signatures are on the stamp paper including one of witness and the purchasers signature. Seller agreed and a token of acceptance we paid Rs.10000/- as advance to complete the procedure. I have sent a notice through advocate during 2008 but no reply. Again we have sent legal notice through advocate and the seller approached to Lawer for refunding the money which advance was taken by them. But I as purchaser did not agree since I want to purchase the land and use for house purpose as shelter. Again I have sent legal notice in January, 2010 but so far there is no reply. The seller wants increase in the amount for which I am ready since rates are gone up.
I want to know that under Specific Performance can I file a suit against Seller? What is the remedy?
I am ready for settlement for increasing the amount for purchase but I have loss and the seller is gaining? What should I do? Please encourage
Thankingyou
ajay sethi
(Expert) 31 May 2014
1) agreement for purchase of land was made in 2004 .
2) you paid only Rs 10,000 as advance .
3) you have not mentioned as to why you did not pay the balance amount
4) you have only mentioned that seller has to failed to complete the transaction inspite of legal notice in 2008
5) was time the essence of contract ?
6) what were the terms and conditions of agreement for sale ?
7) when was balance amount paid by you ?
8) if you had paid balance amount and seller did not execute sale deed why did you not file suit for specific performance?
9) what were you doing for 10 years ?
10) if seller wants an increase in rate and you are willing to do so better make full payment , have sale deed executed and registered .
11) you cannot file suit for specific performance now after lapse of 10 years
ajay sethi
(Expert) 31 May 2014
the limitation period of suit for specific performance is 3 years .
Art 54 ;- Three years- from -the date fixed for the performance , or if no such date is fixed ,When the plaintiff has noticed that performance is refused
R.K Nanda
(Expert) 31 May 2014
agree with sethi.
BAALASUBRAMANNYAMM
(Expert) 31 May 2014
The transaction, took place, at the first instance in 2004.If you failed to come forward for registration, why the seller has waited for all these days, without alienating the property to anybody, if he really needs money.Even after a period of 10 years, why he is offering to sell the property to you. Before proceeding further, it is better to made an enquiry, whether any transactions are effected or not.
Raj Kumar Makkad
(Expert) 01 June 2014
I do agree with the advice of Sethi and thus no more to add.
T. Kalaiselvan, Advocate
(Expert) 02 June 2014
It is very badly barred by limitation. Expert Mr. Ajay Sethi has raised numerous questions which contains answers also in it, hence first ascertain your position as per the questions raised and think of further course of action in this respect.
