In case of Vendor's where abouts not known.

Querist : Anonymous (Querist) 09 December 2009 This query is : Resolved
I have paid 3/4th of the sale consideration amount to “A” on 12/02/2006 for some lands and executed an Agreement of Sale on the same day and further agreed to pay the remaining balance amount within one year from 12/02/2006. When I want to pay the remaining balance amount, I failed to contact/trace him, his where abouts and that kept for all these days. Finally I came to know that he was absconded with a reason of over drafts from various sources.

Now I came to know about his where abouts and met him personally and requested him to take the remaining balance amount and further get it registered the lands on my name. But he refused to honour my request.

So at this stage shall I go for Specific performance of the said Agreement of Sale. And further I want to know whether the said Agreement of Sale dt 12/02/2006 is have limitation?

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adv. rajeev ( rajoo ) (Expert) 09 December 2009
to file a suit for specific performance time is barred.
Date of Aggrement of sale is 12/2/06. Limitation to file a suit is 3 years. You had to file a suit within 11/2/09. # years passed away.
You can file a suit for specific performance if there is a condition that" whenever you call for execution of the sale deed I will execute the sale deed."

Querist : Anonymous (Querist) 09 December 2009
Sir,
Can you provide me a copy of Agreement of Sale, which covers all legal points, include what ever the point as suggested by you. Plz.

Y V Vishweshwar Rao (Expert) 09 December 2009
1- The Date of agreemetn is 12-2-2006

2- balance to be paid after one year i.e;- by 12-2-2007

3- Vendor not traced out till recently and recently Vendor refused to receive balance & to Register the sale deed

4- Limitation 3 years from the date of Refusal - ie.;- Recent date when the Vendor refused to Execute , Regiater the sale deed and receive the balance Sale Consideration .

5- The performance is fixed to be completed by or / on / 12-2-2007 - 3 yerars from that date - i.e;- 12-2-2010.

You can file suit- appraoch local Senior Advocate and take his help !

Raj Kumar Makkad (Expert) 09 December 2009
You have cited the relevant terms which clearly constitute that you failed to take timely action and you violated the terms of the agreement. Why didn;t you appeared before the Registrar on the day of registration of sale deed with balance amount and expenses for registration and got marked your presence there?

Why didn;t you served any notice to the seller?

You even failed to file a suit for recovery within a period of 3 years of payment so there are no chances for you except in case the seller come to your terms voluntarily. One illegal act can be done. You, if possible take the property in your possession and at any later stage claim for your ownership by offering the balance amount of sale consideration.

Devajyoti Barman (Expert) 09 December 2009
Your suit is not time barred as yet. The all important "Three years" commences from a date if you fix any for registration or from the date when you first came to know that registration is refused. In your case you can mention any date of refusal within 3 years from the date of filing the suit.

niranjan (Expert) 13 December 2009
I agree with Barman and Rao.The limitation for filing the suit is from the date of refusal,so youcan file the suit. Time cannot be said to be essence of contract in the given circumstances.

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