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MARIMUTHU P (Legal Practioner)     21 December 2011

Specific relief act

Dear Sirs,

There is a litigation of mine with regard to non fulfilment of an agreement to sale of an immovable property. The buyer failed to comply with the condition of getting the property registered within the agreed time as he was searching for prospective buyer to get it registered. ( The byuer was trying to get profit without paying from his own money but from the prospective buyer). Hence the seller (myself) declined to sell the property to him. Hence the litigation.

Can any of the Advocate brothers help me in citing related judgements of High Court and Supreme Court or else can any one help me from where I acn get the already decided cases in this regard?

Thanks.

MARIMUTHU.P



Learning

 4 Replies

niranjan (civil practice)     21 December 2011

Your questionn is not clear as to who has filed suit,you for cancellation of agreement or the purchaser for specific performance? If the purchaser has filed the suit for specific performance,then in that case there may be many grounds available to you to put, viz.time was the essence of contract,unwillingness to pay remaining money,his incapacity to pay money,escalation in price being immoveable property by lapse of time etc.So on which particular ground you need citation, however you can get judgments befitting to your case by putting appropriate query on  indiankanoon.org.

sridhar pasumarthy (ADVOCATE)     21 December 2011

You can search on Indiankanoon 

MARIMUTHU P (Legal Practioner)     22 December 2011

Thank you sirs.

Actually the buyer was not ready to buy it but instaed wnated to sell it instaed of registering it in his own name for getting profit.

He has not got it registered within time agreed.

Ultimately, I did lose the interest as he has delayed by not abiding the agrrement.

The buyer filed litigation against me as if he was ready for registeration and not me.

But I am ready to go as per the agreement.

Can I take his failure to pay the diffrence amount of sale and also within the time period agrred by him?

niranjan (civil practice)     24 December 2011

You can fight the case if you do not want to sell mainly on time was of essence of contract. Howsever if you want to sell at agreed price you get the problem referred to mediation center and there you may compromise with lost interest over and above the price agreed. If there is no mediation center then you can ask to refer the dispute to Lok Adalat. If you will fight the case and if court after few years order for performance you will be at loss.ask your advocate to start negotiations with his advocate and get the matter settled.


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