Court order to sell
Nasir
(Querist) 24 July 2012
This query is : Resolved
Hi sir,
My mother had made an agreement to sell the land in the year 2007 to a person in a neighborhood, In the sale agreement the person fooled my mother for paying the entire agreed amount of 580000 in 11 months time. However my father had cancelled the agreement after 6 months when that person had issued us a bounce cheque (His account was already closed in the bank).
He later altered the sale agreement also by erasing some part and retyping on the same.
When we refused to sell our property for all his mischievous activities, he filed a case against us in the court.
After 4 years of case in the civil court, the court has ordered to register him the property,we still haven't got the judgement copy from the court. So my question here is Will the court ask my mother to register the property at the current prevailing market rate or the rate at which it was decided in the sale agreement, because as per the current market rate the value of property has gone up to more than Rs 15 lakhs. Also that is a small house in which my parents are staying and they dont have any other alternative to buy the new house/land at the rate at which it was prevailing 4-5 years back. And both my Father and mother are retired and cannot afford to buy a new house at this age.
Should we approach the Higher court to challenge the civil court verdict. Please advice.
Adv.R.P.Chugh
(Expert) 24 July 2012
Dear Nasir,
Since we are discussing grounds of appeal, nothing can be said without having a look at the judgment of lower court.
However, I can tell you that if the decree sustains and you are asked to specifically enforce the agreement in their favour - then it would be at the price agreed upon in the agreement. Escalation of prices is not a ground to deny specific performance. The fact that it would cause of immense hardship to your parents is a ground that may used to defeat his claim.
Nasir
(Querist) 11 August 2012
Thanks for response Mr.Bharat, we have got the judgement copy from the District court.
To our surprise the court has not even considered even a single point of our argument. As I had mentioned in my previous question that the opposite party had issued a bounce cheque and also materially altered the agreement.
So can we appeal again on the same points in the higher court along with the ground that it would cause an immense hardship to my parents.
