sale consideration repaid

naveenraj jain (Querist) 11 June 2014 This query is : Resolved
Respected sirs
My friend entered into sale agreement with a buyer and received amounts via cash and DD.
Now that property got into litigation between seller's family after this sale agreement.
The buyer hesitated to register citing pendency of the suit. So it was agreed to return the sale consideration and was done by way of cash and DD.
The buyer did not get the original agreement papers but assured he will destroy them.
Prior to one day of completion of 3 years of sale date he has filed a suit for specific performance to gain by unlawfull means.
The litigation between the seller family is still pending
The DD repaid copies are with the seller and got hold of the buyer's bank statements as well clearly showing the payments received.
Is it not clear cheating and forgery

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Devajyoti Barman (Expert) 11 June 2014
If your ' friend' does have copies of proof of repayment then he has nothing to worry.

The suit for specific performance of contract has no merit and dismissal of it is only matter of time.

Ask his lawyer to apply for preliminary issue.

naveenraj jain (Querist) 11 June 2014
Thank you barmanji. I must agree that this interactive platform has been so useful and helping for people like me.
Sir He has the DD xerox copies and witness to sale agreement (that is me) confirm the same.
When I confronted on this the buyer demanded certain amount to withdraw the case.

Sankaranarayanan (Expert) 11 June 2014
I do agree with Bbarman ji

Rajendra K Goyal (Expert) 11 June 2014
Do not agree before illegal demands. Defend the case on merits.

naveenraj jain (Querist) 11 June 2014
Thanks sirs

Guest (Expert) 11 June 2014
Well advised.

Devajyoti Barman (Expert) 11 June 2014
you have good case ..no need to worry..rather you claim for litigation costs when the suit is dismissed.

Guest (Expert) 11 June 2014
Perfectly attended by Mr.Devajyoti Barman.If at all possible you could record their demands to with draw the suit and submit it as evidence,

R.K Nanda (Expert) 11 June 2014
agree with experts.

Raj Kumar Makkad (Expert) 12 June 2014
I do agree with the experts hence no more to add.

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