Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 02 September 2012

Specific perfomance

Hi ,

My client ( seller ) entered into ageement to sell on 30.09.2007 , got Rs.15 lacs CASH as earnest money against deal of Rs. 75 lacs , registered deed was to be agreed to done on 30.11.2007 , buyer did 't turned up but we presented in regiterar office to execute promise on our part officially . Now the price of such property has gone to Rs.2 cr. Buyer within limitation time filed suit on us for specific performance , we have following defences...

1. we have official attendance in regiterar office on that date.

2. Buyer must not have evidece of avaiable Rs 60 lacs on that date ( agreed remaining amount ).

3. buyer had paid Rs 15 lacs in CASH by violating Income Tax Rules.

I want to get suggessions from my senior friends that above defences will work in my favor . also pl tell me further defence if there is any.

Thanks

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2 Replies

(Guest)

Yes, the certificate issued by Office of Registrar, will act as defence for you that you were willing, however, the buyer was not there to get the document executed.

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Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 03 September 2012

yes that certificate i have , i have mentioed earlier also that we got marked attendance officially.