Purchase of Residential House
Querist :
Anonymous
(Querist) 04 June 2010
This query is : Resolved
I have made agreement with seller for purchase of house. I have paid Rs. 100000/- (89000/- by draft and 11000/- cash) as part payment of the agreement. In agreement it is said that I will get this house registered in my name otherwise token amount will be forfeited. There is no clause saying that the agreement will be cancelled after three months. As seller not cooperated i couldnot get bank finance as necessary noc's not provided by the seller to me. Now seller have sold that house to someone else and that other person have got that house registered in his name. this was done before 3 years of agreement. I have filed a case before 3 years of agreement date for specific relief. Now what is my position?
My other question is that grounds of the case have been finalised by the court before one and half year. After passing the order that judge transferred and new judge came, now i have already filed my affidavit of BAYAN's etc. and copy of the same have been delivered to respondent's representative but the problem is that new judge is not taking the matter on record since last one and half years. What can be done. Is it necessary that only advocate can file an application for transfer of case. Can Plantiff on its own file a application for transfer of case to avoid unnecessary cost?
Please reply, if possible with case laws.
Thanks
