what is remedy available to my client
vinod bansal
(Querist) 10 June 2010
This query is : Resolved
R/Experts
An agreement against a consideration of Rs. 210000/- for using agriculture land(KAST)for a period of two years(2010-11 and 2011-2012)was executed in between my client and one other person.A sum of Rs 10000/- was paid on spot and it was settled that by way of agreement that remaining amount of Rs. 2 lac will be paid on 15/05/10 .Possession was handed over to 2nd party of agreement and he has started use of land of my client,15/05/10 date fixed for remaining amount has expired but OP didnot pay r/amount even now he is threatning not to demand money from him.Under which provision my client can recover his 2 lac Rs,what will be most appropriate legal step in given facts. kindly suggest. Thanx
Ashok Yadav
(Expert) 11 June 2010
You should file the case for Specific perfomance of the Contract, under Specif Performance Act.
Surrender K Singal
(Expert) 11 June 2010
What is the negative covenent in the said agreement ?
With such conduct, the land-owner should secure restoration of possession even after lease period or he may end up litigating which may cost him not only the receivable amount but also mental agony etc.
M/s. Y-not legal services
(Expert) 17 September 2010
the land owner having all rights to vacate that amn.. because here contract did not fullfil.
as per the agrrement the land owner may file specific performance suit, or can vacate by court of law..
..tom..
