How to recover the balance amount.

Querist : Anonymous (Querist) 15 February 2011 This query is : Resolved
Respected Experts,

Plz. Give me a suggestion for the below problem.

“A” has paid Rs.20 Lakhs as advance to the land owners for purchasing lands and executed an un-registered Agreement of Sale. Since the land owners have failed to register a Sale Deed, “A” has filed a suit for specific performance, which is pending.

While the suit is pending, “B” agreed to purchase the above lands and that he paid balance sale consideration to the land owners and got it registered an Agreement of Sale cum GPA in his favour alone. “B” has paid Rs.10 Lakhs to “A” at the time of registration of the above said deed and promised to pay the balance of Rs.10 lakhs at the time of sale of the said lands.

Now “B” has sold the above said land to “C”. “C” also knows that “B” has to pay balance amount of Rs.10Lakhs to “A” and that “C” has orally agreed to pay the said amount to “A” at the time of registration of the sale deed.” A” also signed as a witness to the document of Agreement of Sale of “C”. But neither “B” nor “C” has paid the balance amount to “A”. Due to non receipt of the said balance amount, “A” has not withdrawn the above case. The same fact also knows to “C”.

In this situation, what “A” has to do to recover his Rs.10 Lakhs from “B” and “C”.

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