Property

Querist : Anonymous (Querist) 19 October 2010 This query is : Resolved
we purchased a commercial property and written an agreement from the land lord, but not registered the same agreement and mentioned inthat agrement "money has to pay with in 3 months to the land lord".

after 2 months only when we take money to the landlord (actaully we sold out all the existing property to pay this money), the land lord done registration to his wife and says i will not do the registration as the land rate got increased with in 2 months only.

can you please advise me, how to approach this situation, is it possible to do the following things

1.first , To stop the rents to the owner in that comemrcail property, there 12 shops in that property
2. to get it transfered to agreement person name.

please adviase and assist me inthis case.

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Devajyoti Barman (Expert) 19 October 2010
1. As long as the tenancy subsists and the tenant is in occupation of the tenanted property he is duty bound to pay the rent. For the time being he may suspend the payment but ultimately he will have to pay if he wants to avoid eviction.
2. For getting the property in your name you have to file a suit for specific performance of contract against the person who executed the agreement. But as the property in the meantime has been transferred to some third party I do not think you could get that relief though court may grant you refund of the earnest money and some compensation.

Querist : Anonymous (Querist) 19 October 2010
thanks for the Quick reply barman,

Actaully we filed the same case in court, can i have a hopes to get this case favour to me ?

pawan sharma (Expert) 19 October 2010
yes you will got the success.

Raj Kumar Makkad (Expert) 19 October 2010
I concur with Barman

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