performance

Querist : Anonymous (Querist) 10 April 2010 This query is : Resolved
i had entered into an agreement to buy land and paid some advance about two years ago. but the vendor sold the land to someone else and alos got the land registered so now enforcing specific performance from the vendor is not possible now. can i file a suit for return of money alongwith interest thereon?

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Arvind Singh Chauhan (Expert) 10 April 2010
You should lodge FIR or file complaint in court for cheating immediately, along with suit for recovery of money.

Parthasarathi Loganathan (Expert) 10 April 2010
However, if the terms of the said agreement stipulates non-refundability of advance amount in case the sale do not materialise within a specified time frame,your cannot enforce specific performance against the vendor. Please check up the sale agreement for such clauses imposed.

niranjan (Expert) 10 April 2010
Yes, if the time was of the essence of cntract and if forfeiture clause is there.I agree with Parthsarathiji.

Surender Dhull (Expert) 10 April 2010
author did not tell the time of registration of document before the registrar and also did not mention that the roperty sold to another beofre or after the agreement to sale. If the property was already sold to some one and lateron made the agreement to sale then it is ciminial offence and if the owner sale the property after making the agreement ot sale then there is Civil Remedy by way of specific performance as per terms and conditions of agreement ot sale stipulated therein.

G. ARAVINTHAN (Expert) 11 April 2010
try to check with answer of Surender

B.B.R.Goud. (Expert) 11 April 2010
i agree with learned friends...
You may lodge FIR or file complaint in court of law for cheating immediately, along with the suit for recovery of money.

Querist : Anonymous (Querist) 12 April 2010
dear sirs,

thanks for your kind replies. there is a stipulation in the agreement of sale that the balance of payment will be made within three months but there is no forfeiture clause. the agreement was made about two years ago but the vendor sold the land to someone else about one year ago. thanks again.

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