Sale agreement

naveenraj jain (Querist) 24 May 2018 This query is : Resolved
Respected Experts
A sale agreement wherein certain advance amount was paid to the vendor and the remaining consideration was agreed to be paid at the time of registration. time fixed was 6 months. during this period the property was subject to litigation between the family members of the vendor. the intimation about the litigation was given to the purchaser. to avoid multiplicity of cases the vendor offered to refund the amount and subsequently cancel the agreement to which the purchaser agreed. the advance amount was repaid by way of demand drafts and the original sale agreement was with the purchaser. he had agreed to destroy them. this cancellation took place before the time limit i.e., 6 months.
but the purchaser even after collecting the entire amount had filed a case for specific performance in the civil court on the last day of completion of three years of the date of sale agreement.
the honorable court disposed the case by finding that the purchaser had indeed received the advance amount by way of DD. and bank entries of the purchaser also reflects the same.
now the purchaser has filed an appeal in the high court and the same is pending for judgment.
my query is do the case have merits?

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kavksatyanarayana (Expert) 24 May 2018
The lower court have already pronounced judgment that the purchaser received the amount paid by him through DD. the merits and de-mertis of the case of cannot be said when an appeal is pending before the Hon'ble HC. hope the case have merits.

Ms.Usha Kapoor (Expert) 25 May 2018
iT WAS PROVED IN THE TRIAL COURT THAT PURCHASER HAS ALREADY RECEIVED THE ENTIRE PURCHASE MONEY THROUGH DD WHETHER MERITS OR NO MERITS. HIGH COURT APPEAL WILL ALSO FOLLOW SUIT AS PER ORDERS OF TRIAL COURT. AS FAR AS PURCHASE MONEY IS CONCERNED.

Ms.Usha Kapoor (Expert) 25 May 2018
You will receive both the purchase money as well as advance money.

Guest (Expert) 25 May 2018
Does not seem to be a real problem.

If academic query, merits have to be found by you only. If a real case, merits of the case have to be proved by your own lawyer, none else, with reference to the contents of the appeal.

Otherwise, even with reference to your incomplete description of the problem, there are plenty of merit points in the appeal of the buyer of the property.

naveenraj jain (Querist) 25 May 2018
Thank you very much to all for replying to my query.

Guest (Expert) 25 May 2018
You are welcome.
...........

Ms.Usha Kapoor (Expert) 26 May 2018
I stick to my own opinions as above.

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