How to enforce agreement of sale
MohammedRaffiq Bijapur
(Querist) 09 July 2012
This query is : Resolved
A has entered into an agreement with B, in the year 1989, in respect of agriculture land whereby B has agreed to sell his property to A for Rs 10,000/- and in furtherance of said agreement B has received an earnest money of Rs 7,000/- and agreed to execute the sale deed within one year after receiving balance sale consideration,further the possession of land is delivered to A.
After some time B died and his only son has also died. No person is there to represent B.
Now, against whom A is to enforce the agreement?
Whether question of limitation arises?
ashutosh mishra
(Expert) 10 July 2012
AN AGREEMENT ENTERED IN TO IN 1989 agreeing to execute the sale deed within one year after receiving balance sale,being year 1990,
and HENCE LIMITATION TO FILE suit for specific performance ,which is 3 years from the default clause expired in 1993.
HOWEVER SINCE POSSESSION WAS DELIVERED THE SAME IS PROTECTED BY DOCTRINE OF PART PERFORMANCE UNDER SECTION 53A OF T.PA.
c.p.s. ramachary
(Expert) 11 July 2012
If you are put in possession in 1989 by the deceased and your possession is uninterrupted till this day (if you can establish this fact by evidence), you hold a title by adverse possession in respect of the proiperty. Then there is need to go to any court of law.
ashutosh mishra
(Expert) 11 July 2012
Mr. c.p.s. ramachary! I am sorry to state that there can not be any claim of adverse possession against the owner or his LRs here as the entry is by consent of owner in part performance of agreement to sale and not hostile one.
Protection of possession is,however, available under SECTION 53A OF T.PA. against LRs of owner as well as against every body, as told earlier.
c.p.s. ramachary
(Expert) 11 July 2012
Yes I do agree with you correcting myself
