Under the instructions of my client Sri. XXXXXXXX., I issue the following registered Lawyer’s Notice to you.
That No. 1 of you is the Owner of the vacant land admeasuring to 367 Sq.Yds in Patta No.XXXX, S.No.XXXX situated at XX Village, Visakhapatnam. That when my client approached you through a common friend, you have expressed your intention, to sell away the schedule property. That as the sale consideration offered by my client fairly resembles the prevailing market value; No. 1 of you have agreed to sell away the schedule premises to my client. That accordingly you have executed a sale agreement coupled with possession in my client’s favour on 10-08-2005. That as you have stated to my client that the original documents pertaining to the site were mortgaged to KVB and requested my client to pay the entire sale consideration at the time agreement, as you have to repay the loan obtained from the bank. That believing your version, my client paid the entire sale consideration of Rs. 2,90,000/-(Rupees Two Lakhs and Ninety Thousand Only) at the time of executing the agreement.
That after receipt of the entire sale consideration from my client, you have cleared the bank loan and received the original documents. My client states that though several times he personally and through phone requested you to execute a registered sale deed, you evaded the same with one or other lame pretext.
That ever since the date of execution of the agreement the possession of the property was delivered to my client by you and my client is in the absolute possession and enjoyment of the same.
That recently when my client is trying to construct a compound wall around the property to protect the same from the habitual land grabbers, Mr. XXXXX along with his henchmen came to the schedule property and proclaimed that you have sold the schedule property to him. That shocked by the incident when my client tried to contact you to elicit the truth in the allegations made by Mr. XXX, you behaved high handedly and threatened my client with dire consequences.
My client states that as you had received the entire sale consideration of Rs. 2,90,000/- from him on 10-08-2005, while executing the sale agreement coupled with possession, you have no right to alienate the property to 3rd parties.
My client stated that as he paid the entire sale consideration on 10-08-2005 itself, he by virtue of the agreement dated 10-08-2005 he acquired enforceable right and possession over the property.
My client suspects a collusive foul play by both you and Mr. XXX to gain unlawfully at his cost. My client hereby calls upon you to come forward to execute a registered sale deed in his favour, lest my client will initiate necessary civil and criminal proceedings against both of you at you costs, risk and responsibility.
A copy of this notice is retained in my office for future reference
I am extremely grateful for your response, however, my concern is related to movable property ie in case of a commodity which is exported from India under agreement of sale...
Brief facts of the matter Would you have a ready made format of Notice of Breach of Agreement of Sale by a Seller? Briefly, a supplier has defaulted in supplying a commodity to the buyer, despite the buyer having LC opened in favour of the supplier. The supplier apparently wants to delay the supply, since the cost of commodity has risen, since the contract date. a) Does it amount to breach of contract? b) Can the buyer sue for compensation and damages and for "completion of the contract"
24 August 2008
Raisa Garu, You can definetly claim damages suffered by you on account of the breach of the contract. If you are ultimate user of the articles contracted to be supplied, you can move consumer forums, or if you are a trader, you can move a regular suit claiming damages, but however you have to establish the damages suffered by you on account of breach of contract. If the articles are proposed to be sold are of special in nature and not available in the open market, you can seek specific performance of the contract.