Blackmailing by purchaser

varma (Querist) 24 November 2011 This query is : Resolved
sir,my purchaser did not given remaining balance amount nearly 40 lakhs with in time bound of 3 months that he agreed in sale agreement b/w me.He had given me Rs 10000 earnest money as advance to me.After 3 months I got another party which offer me high cost to my property.So as per agreement condition there is no neccesity to give earnest money back to 1st purchaser if time bound is completed but still I given back advace money to purchaser in way of cash & I said that agreement is cancelled b/w us.
Now after 7 days I got court notice from purchaser lawyer to give earnest money 10000 + damages charges 20000, i.e total 30000 & they showed reason that I am not exclusive owner of my property & I am trying to cheat him.Hence I request to give Total money.
I phoned to purchaser,he simply BLACKMAILING THAT if I give total money ,then he with draw case.If not he said that through he recover his earnest money with declaring of I am not exclusive owner so that I may got deficient Title.
1)So plz suggest what can I do now to defend him
2)purchaser actually filed suit for ONLY recovery OF EARNEST money from me on basis of I am not exclusive owner AS PER SALE AGREEMENT & HE PAID COURT FEE ONLY RS 3000.IF This is CASE ,I HAVE ONE DOUBT I.E THEN COURT WILL DECLARED WHETHER I AM THE EXCLUSIVE OWNER OR NOT FOR SETTLING OF EARNEST MONEY

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ajay sethi (Expert) 24 November 2011
the mistake you made was making payment in cash . if you have taken money by cheque you must return by cheque .

you ought to have entered into cancellation agreement with the purchaser .

was the sale agreement duly stamped and registered . ?

settle with purchaser or fight suit for number of years

Sankaranarayanan (Expert) 24 November 2011
yes it is your part of ignorance of law and it wont be excusable. You follow mr sethi's advise , because you have non other proof relating to the transaction.
Hope this incident make you refresh and careful with peoples.

prabhakar singh (Expert) 24 November 2011
Forget the mistake already committed.

At present you have 02 options...

a) payoff the suit money by compromise if possible or if not deposit the claim amount
praying the court to relieve you from cost.

b)contest his suit which shall require your time money and energy for years.

Evaluate between two and choose one course you like.