Dear Sir,
I wanted to buy a shop and henceentered into an agreement to sell with vendor. He was not having sell deed of the property at that time as he was having some personal issues. He agreed to execute selldeed from builder directly in my name once the building is completed which was going to take 4 months . In our agreement it was clearly written that I will pay him Rs.100000 lack as token amount and will continue to pay Rs.10000 per month as occupation charges for 4 months only which were suppose to be deducted from the final payment at the time of selldeed. Also it was written that if the seeldeed is not executed in 4 months then vendor will refund me entire money and I will be handing over the possession to him. Accordingly I took the possession and paid him Rs.40000 for 4 months plus token amount. Now after 4 months he refused to perform sell deed in my name from builder and instead got it done in his name only behind my back. When I contacted him and demaned my money he refused and instead asked me to start paying 10000 per month as per our agreement to sale terms.
The matter was referred to the arbitrator and arbitrator partly allowed his contention and asked me to pay occupation charges and also asked me to register a suit of specific performance to grt my saledeed. The vendor challenge the said order in court and court has awarded him with occupation charges for 36 months and also asked me to handover the possession to him as i am trespassing in his property.
My question is when i have signed up an agreement to sell with vendor how am I a trespasser? Why should I pay occupation charges for 36 months as i was never his tenant and even after payment i am not getting any selldeed in my name instead court is asking me to handover the possession to vendor.
I always wanted to execute the selldeed and he refused it. Please guide me as I am willing to file an appeal before high court.
