Hello Sir
I have done a registered agreement to purchase a plot for our residential purposes @ 13 Lakhs and paid necessary 1/3rd (2%) stamp duty of Rs. 26000.00.
I paid Rs. 1.0 Lakh in cash in advance to the seller.
I have paid Rs. 1.0 Lakh at the time of agreement through checque that is shown in agreement.
By asking the seller I again gave him Rs. 1.0 Lakh through checque. Before one week of sceduled time of Resistry Our lawyer send him a registered notice cum reminder for Resistry. But seller denied to receive that letter and did'nt reach in registrar office for progressing the matter.I was present and gave our both time of attendance in registrar office. Later I call him for incresing the validity of agreement but he denied and asking for 8 Lakhs more. Finally I lodge a case in the Court of "specific performance" and paid suitable fee of Rs. 15800.00 as per our lawyer. But seller denied to accept the second checque of Rs. 1 lakh and says less court fee is paid.
Now court make the following issues for discussion:
1. Is agreement has been performed
2.Is buyer was always ready to purchase
3. Is proper court fee paid
4. Is this cames under "specific performance"
5. any other issue if so ever
I submitt all the necessary document with a)Original agreement, b) Attendence receipt,
c) bank statement etc. to the court
I wish to ask is court fee is proper for this case and what may be the probable result of this case?
Thanks
