Seller refused to sell land as per agreement on rs 100 stamp paper

kaushal ramesh (Querist) 04 May 2012 This query is : Resolved
Sir I wanted to buy 1361x2=2722 Sq.Ft land in Patna. Seller has sold backside 1361Sq.ft & at the same time, Made an Non registered Agreement (on Rs 100 Stamp paper) for the front side land of 1361 Sq.ft to buyer. In that agreement it was mentioned that buyer had paid Rs 1Lakh for land and rest had to pay within 2months 15days deadline. After two weeks of agreement buyer went to seller house for paying remaining money(in cash as he demanded). He took away cash and agreement paper & went inside. After all if and buts, he hadrefused to sell land to buyer and began to abuse before so many people. Even he refused to return back the agreement paper. After people pressure he gave the agreement paper but edited it so many places & signed that is clearly visible.
Buyer Advocate had sent a notice to seller 15 days before, but he didn't answer. What should I do? He is even not ready to return whole amount(Rs nine lakhs). He is agreed to return only One lakh which is written in Agreement paper. Witness (who have also signed on agreement paper)are ready to say the fact That strenghten my position.
Sir what will happen if this matter goes to court for jurisdiction?

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Adv.R.P.Chugh (Expert) 04 May 2012
Dear Querist,

You can file a suit for specific performance on the basis of the agreement, asking him to perform his obligations under the contract i.e complete the sale formalities.

The the Seller would raise the plea that since agreement talks about only one lakh of rupees oral evidence to prove actual payment of nine lakhs is not admissible. This can be overcome. Make sure witnesses deposes for you.

Consult a local advocate to save your investment.

JANAK RAJ VATSA (Expert) 04 May 2012
dear ramesh, file for specific perfomance as per the agreement. u have the witnesses who will depose for you as regards the handing over of the cash is concerned

ajay sethi (Expert) 04 May 2012
why dont you file police complaint against seller for cheating . you have testimony of witnesses who will depose that 9 lkahs was paid in cash to seller .

in addition file suit for specific performance .