Cheating by executor(Vendor) of Sale Agreement
vinod bansal
(Querist) 14 September 2010
This query is : Resolved
R/Experts
A sale agreement was executed in between my client and a person namely Ramlal for a sale consideration of Rs. 10 lac and an amount of Rs. 5 lac was paid at the time of agreement as earnest money.Possession was not delievered to my client(Vendee)It was settled in between the parties that sale deed will be executed on 01/07/2011.Usual terms were also mentioned in agreement and it was witnessed by two witnesses and it was attested and registerd by Notary public.Now it has confirmed to me that Vendor Ramlal has again executed a sale agreement of same property with someone,thus he has cheated my client,beside this it was mentioned in our sale agreement that property in question is free from all debts/loan/surcharges but now my client have come to know that a loan of bank amounting Rs. 4 lac is outstanding against vendor Ramlal against this property,It is also misrepresentation by vendor,Now what is remady available to my client civil as well as criminal.Can i file a suit for specific preformance at this stage or it is pre mature bcoz date for sale deed is far away as that is fixed for 01/07/2011.Can i also file a complaint us 420 IPC.What step/legal action i have to initiate for my client.Can i file any suit for seeking injunction and for direction to Registerar and vendor not to registered any sale deed in favour of anybody except my client. Kindly advice. Thanx
s.subramanian
(Expert) 14 September 2010
You can pursue both the civil and criminal remedies. You can file a suit for specific performance and injunction restraining alienation can be sought in the same suit as well.
