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Civil procedure code sec.47

(Querist) 26 March 2017 This query is : Resolved 
sir, best wishes to you all. this Sudhir adv. from chennai. in a specific performance suit i am for the defendant -vendor. the defendant-vendor entered into an sale agreement with the plaintiff on 20.06.20007. paid an advance of rs.100000/- sale consideration is Rs.451000/- issues legal notice on 29.10.2017 i.e., after the expiry of the sale agreement. sale agreement expires on 20.09.2017. Plaintiff-purchaser filed suit for specific performance insisting to execute the sale deed. In the mean time on 10.09.2008 the Defendant executed sale deed in favour of another person.
1. The Plaintiff had issued a legal notice after a lapse of one month period from the date of expiry of the sale agreement. whether such legal notice is valid.
2. time is the essence of contract, whether the rule is applicable to this case or not.
3. now the suit is decreed in favour of the plaintiff.
4. execution petition is filed an pending. Now i am going to file a section 47 application.
though i searched i was not able to find any relevant judgments in favour of my case. So i need your help.
Thanking you with regards
sudhir
Guest (Expert) 28 March 2017
First you apply for a Stay along with filing an Appeal Suit.Simultaneously the Purchaser of the Property also should file a Suit and obtain a Stay.The Property also could be Pledged by the Purchaser to his People and Even they could file a Suit and obtain a Stay seperately.All this would first Safe Guard the Property.Basing on your Stay the EP could be Stopped.Reg Relevant Judgements could be discussed Later.Better Take the help of a Leading Good Senior Advocate.
Guest (Expert) 28 March 2017
The Suit is very much Time barred and some thing fishy could have happened in the Result.Better be careful and file all the above Suits and above Stay Effectively.Once bitten twice shy.Atleast prove your talents now
krishna mohan (Expert) 28 March 2017
There appears to be error in date of legal notice. Right course would have been to give a notice to the intended buyer. Obtaining stay for EP is also an option. But right of first party who paid advance is going to be compensated. Is there any forfeiture clause for non adherence of time? ADR could be one of the recourse to settle the issue amicably.
Rajendra K Goyal (Expert) 28 March 2017
Judgment / reference cases / ruling / citation / decided cases not provided / supplied.


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