V.G.Rao Advocate
07 January 2009 at 19:30
Hi all,
There is an agreement of sale dated 25th day of July 2007 entered between owner and purchaser. At the time of agreement purchaser paid certain amount in advance, possession is to be delivered after registration of sale deed,and one of the clause of the said agreement reads as under,
"the remaining balance sale consideration amount will be paid by the purchaser to the owner on or beore 12 months or at the time of registration which ever is earliar and both parties agreed for the same".
Immediate after the date of the agreement of sale, till date the purchaser neither offerd the balance sale consideration to the owner nor shown any interest to get the sale deed registred with the owner, so far no legal notice is issued by the purchaser to show that he is ready and willing to perform his part of contract to register the sale deed in his favor by paying balance sale consideration.
While matter stood thus one "X" person is now intending to purchse the same property with the aforsaid owner by paying at present marke value.
Now my question under the said circumstances 1)whether purchser can maintain a suit for specific performance of agreement of sale dt 12th july 2007?
2)If he files such suit, i want to know whether the said suit will be barred by limitation?
3)can owner now cancell the aforesaid agreemnt of sale by issuing a legal notice to the purchaser?
4)whether owner can enter in to another agreement of sale with "X" at present market value by cancelling the earliar agreemnt of sale?
Shilpa Rani
07 January 2009 at 13:06
Hello
Can anyone suggest me any good immigration lawyer in hyderabad,visakhapatnam,Andhrapradesh.
SANDEEP GOYAL
07 January 2009 at 12:13
In which matters We file suit and summary suit?
SANDEEP GOYAL
07 January 2009 at 12:13
In which matters We file suit and summary suit?
CA DINESH KUMAR OSTWAL
07 January 2009 at 11:53
i want a case law on eviction of tenant.
where " there is no agreement to construct by tenant, not entitiled for cost and liable to be ejected"
one of my suggested a link but could not give me the full details of the case law
1997 lawsuit 538, 1997 SCC 530.
please someone could help by giving full case law details?
CA DINESH KUMAR OSTWAL
07 January 2009 at 11:12
I HAVE FILED AN EVICTION SUIT AGAINST A TENANT IN MY RECENTLY BOUGHT BUILDING,BUILDING WAS BOUGHT ALONGWITH TENANTS,NECESSARY ATTORNMENT NOTICE WAS ISSUED,THE EVICTION CASE IS IN ADVANCED STAGE, NOW TENANT ALLEGES THAT HE HAS MADE SOME CONSTRUCTIONS IN THE PREMISES TO SUIT HIS REQUIREMENT,THE FACT IS THERE IS NO AGREEMENT TO THAT EFFECT WITH THE PREVIOUS OWNER.I AM TOLD THERE IS A SETTLED CASE LAW WHICH SAYS" NO AGREEMENT TO CONSTRUCT BY TENANT, NOT ENTITILED FOR COST,LIABLE TO BE EJECTED. 1997 LAWSUIT 538, 1997 SCC 530. COULD SOMEONE GUIDE ME WITH DETAILS OF THIS CASE LAW AND ISSUES INVOLVED
CA DINESH KUMAR OSTWAL
07 January 2009 at 11:12
I HAVE FILED AN EVICTION SUIT AGAINST A TENANT IN MY RECENTLY BOUGHT BUILDING,BUILDING WAS BOUGHT ALONGWITH TENANTS,NECESSARY ATTORNMENT NOTICE WAS ISSUED,THE EVICTION CASE IS IN ADVANCED STAGE, NOW TENANT ALLEGES THAT HE HAS MADE SOME CONSTRUCTIONS IN THE PREMISES TO SUIT HIS REQUIREMENT,THE FACT IS THERE IS NO AGREEMENT TO THAT EFFECT WITH THE PREVIOUS OWNER.I AM TOLD THERE IS A SETTLED CASE LAW WHICH SAYS" NO AGREEMENT TO CONSTRUCT BY TENANT, NOT ENTITILED FOR COST,LIABLE TO BE EJECTED. 1997 LAWSUIT 538, 1997 SCC 530. COULD SOMEONE GUIDE ME WITH DETAILS OF THIS CASE LAW AND ISSUED INVOLVED
Anil Goel
07 January 2009 at 10:49
hello, experts..........
whether tax practice advocates are eligible for enrolled as oath commissioner to attest the varoius documents, affidavits etc.
thanx
allurisivajiraju
07 January 2009 at 08:10
Respected Seniors,
Mr. 'X' purchased an extent of Ac.03-00 Cents from Mr. 'Y' in the year 2005. But adjacent to the above said extent there is a porambok land which belongs to the panchayat an extent of 15 Sq.Yards. But the above said proramboke is covered with in the boundaries mentioned in the above said Extent of Ac. 03-00 Cents.
Now Mr 'Y' claiming that the said poramboke is belongs to him since he was not sold the said extent of 15 Sq. Yards.
Now Mr. X is ready to defend himself as " Boundaries prevails an extent".
In the above circumstances please send latest citations with regard to the " Boundries Prevails an Extent" in favour of Mr. X.
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can pronote for Rs (15) lakhs can be used for specific performance of agreemnt?
Hi all,
A land lord agreed to sell his property to his tenant who is in possession for Rs 35 lakhs and the tenant has paid a substantial amount of Rs 15 lakhs to the land lord, but the tenant instead of entering into the agreemnt of sale has taken a promissory note for Rs 15 lakhs and obtained land lord's signatures on pronote and receipt on one rupee revenue stamp affixed thereon. Later due to resons best known to land lord refusing to sell his property to his tenant, under the said circumstances,
Now my question is now the tenant can maintain a suit for specific performance agreemnt of sale of the property on the basis of pronote executed by land laord since it is intended by both the parties to sell and purchase the property?