Buyer 1 enters into written agreement of sale with builder on 15 dec 2005 with dates of first installment to be paid as October 9th 2005 and Second installment to be paid 1st December 2005,both the dates preceding the date of agreement with three months from due date to pay failing which the agreement stands cancelled - Is such an agreement valid ? - Buyer 1 never paid any installments except provisional booking amount and a small sum and builder issued cancellation letter.After that Buyer requested for more time and paid another small amount in September 2006 and got issued a letter asking him to go to visit apartment construction site and make any internal changes to be made.There after Builder without informing about the prior cancelled agreement or it's status has sold the apartment at higher rate to Buyer 2 and registered the completed apartment in Jan 2007 - Buyer 2 went to court in Feb 2007 claiming subsisting agreement and for cancellation of sale deed alleging the builder and buyer 2 colluded - Builder claims the agreement with buyer 1 became null and void due to no payment of installments on time - Can some one please comment on the merits of the case ?
