Mohandoss.R. (Assistant) 30 November 2011

Urgent

Sir,

May be peculiar and unprecedented. The Dist Court refuses to admit my case. I am the Seller and an Agreement for Sale of a house-site was signed in 1979. Original is with Buyer and no copy of it I got.

In 2005, I issued a Public Notice showing my intention to sell the said site. Buyer immediately published a reply Public Notice wherein he stated that he has got an Agreement for Sale of that site, signed by me and him in 1979. So, it serves like an encumberance.

Despite repeated registered Notices, he is not responding. I need that Agreement which contains certain terms of agreement. And, those terms (about then pending court cases, now they are over) give it the validity. So, I filed petition to Dist. court, giving Buyer's Notice as proof of existence of Agreement and private Notices I sent with proof of their delivery. The court wants a copy of the said Agreement, for admitting the case.

The case itself is that the Buyer is not abiding and I want the Agreement (as it serves as encumberance) to sell the house site. Court wants precedents wherein Seller demands relief, under Specific Performance Act, the one like me. Kindly advise Sirs, with citations. Thanks Sirs, Ms. Anchana Devi. (reply to: neomohanone@yahoo.co.in)

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2 Replies

Dr J C Vashista (Advocate) 30 November 2011

Ms. Archana Devi ji,

What sort of suit did you file, which is over and what is the order, which may be appellable.

There are various options available to you, which can be clarified once you may show the case file to a lawyer.

You may file suit for mandatory injunction before District Judge otherwise writ of mandamus in High Court, whereby directing the defendant/respondent to return the document of Agreement to Sell.

Mohandoss.R. (Assistant) 01 December 2011

Thank you Sir.

I filed suit for Specific Relief praying: return the Agreement and get the Sale Deed executed.

Buyer holds the Agreement. Not even copy available with me. Buyer's Public Notice, personal Notices sent by me to Buyer, Postal proof of their delivery to him - only are available with me. And, I submitted these proofs and have mentioned that Agreement is with Buyer.

Dist Judge wants me to attach copy of Agreement. The above secondary evidences fully prove that there exists an Agreement, and Buyer is not willing. Yet, court insists copy of agreement or to furnish a precedent where suit for specifi relief was admitted withOUT the copy of agreement. Kindly advise asap. Thanks Sirs, Anchana Devi.