Specific relief act
vijay bhaskar
(Querist) 05 April 2013
This query is : Resolved
A and B entered into an agreement of sale 06-01-2011 and the same is reduced into writing on a stamp paper. B paid a sum of Rs.2,00,000/- to 'A'towards part of sale consideration. 'B' had agreed to get the sale deed in his favor within three months i.e., by 31-03-2011 by paying balance sale consideration. In view of sale agreement dt:06-01-2011, 'A' entered into an agreement of sale with 'C' to purchase another property on 24-02-2011. 'B' has not come forward for registration of sale deed by paying balance consideration and instead paid a sum of Rs.1,50,000/- in the month of April 2011 by way of cheque. There is no acknowledgment of Rs.1,50,000/- from 'A' but 'B' has not come forward even after till November 2011 for registration inspite of oral representation by 'A'. Ultimately, 'A' had sold the property in favour of 'D' for the consideration less than the consideration agreed with 'B'. 'B' remained silent all these days and now on 29-03-2013 sent a lawyer's notice as if my client has not come forward for registration, that he has been demanding my client for registration etc., that my client committed cheating and demanded to pay the amount of Rs.3,50,000/- together with interest.
My client 'A' states that he was always ready by that time but 'B' has not come forward, that due to his failure my client suffered loss in sale consideration. That my client forfeited the advance amount of Rs.2,00,000/- & Rs.1,50,000/- as 'B' failed to fulfill his obligation under sale agreement. There is no written demands except the present lawyer's notice.
Please suggest me in what way I can proceed in order to give a reply.
Nadeem Qureshi
(Expert) 06 April 2013
Contact a lawyer personally with the notic and agreement,
prabhakar singh
(Expert) 06 April 2013
Two mistakes by owner is apparent.He diluted
the "time that was essence of contract"by accepting and encashing the cheque of April 11 of Rs. 1,50,000/=00 after 31/03/11.Your client did not serve notice nor did ever got marked his attendance at sub registrar office.
The only silver lining is that your client sold it for a lesser value,most probably,court would allow him to make up losses up to that extent but no more.If the value of two cheques are lesser than the quantum of damages caused then you should file Counterclaim too subject to law of limitation.
vijay bhaskar
(Querist) 06 April 2013
Thank you Prabhakar Singh Ji. Pls further suggest me in what way I should give a befitting reply. I am thinking that if I prepare a reply by not connecting the Rs.1,50,000/- which was given by way of cheque after prescribed 'time of limit' as there is no acknowledgment except the encashment of cheque. Is there any problem?
prabhakar singh
(Expert) 06 April 2013
Is there any problem?
ONLY PROBLEMS AND PROBLEMS.
Even if the cheque was not taken against receipt(which you prefer to call acknowledgement)It's encashment in your a/c is sufficient proof of the fact it was paid in and accepted.
TO ME IT WOULD BE NOT ONLY MISTAKE BUT A GREAT BLUNDER TO PROCEED IN SUCH A WAY.
