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Gourang M Haldipur   03 October 2017

Remedy in respect of an agreement

Dear Sir, My friend filed a suit for specific performance against a person (Defendant -1) for enforcement of contract of the house in which he is living. He had added another person as the 2nd defendant who happened to be the subsequent purchaser of the suit house with prior notice of the agreement of my friend. The trial court decreed the suit in favour of my friend holding therein that the agreement has been proved and directed the 1st and 2nd defendants to execute the sale deed jointly, wherein the 1st defendant was to receive the balance of the sale consideration. The trial court held that my friend was ready and willing to perform his part of the contract. It further held that the 2nd defendant is not a bonafide purchaser for value as the 2nd defendant had notice of theprevious agreement of my friend's agreement.


Learning

 3 Replies

manoj   03 October 2017

call me to solve your query at cell no 8686159292

Siddharth Srivastava (Advocate)     03 October 2017

so what is your query.? If you are not satisfied with the order then you can challenge the order in higher court. 

Nitish Banka (lawyer)     03 October 2017

You need to file an appeal how 2nd defendant had notice of the prior agreement. need to see the decree for accurate opinion.

Adv. Nitish Banka


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