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Gupta S Kumar (Government Job)     23 September 2013

"specific performance"violation of registered sale agreement

Hello Sir

I have done a registered agreement to purchase a plot to make a small home for my family @ 13 Lakhs in 2010 and paid necessary 1/3rd (2%) stamp duty of Rs. 26000.00 as applicable in the State. I have paid Rs. 1.0 Lakh at the time of agreement through checque that is shown in agreement. By asking the seller I again gave him Rs. 1.0 Lakh through checque. During this period seller shows his unwillingness so before one week of scheduled time of Registry Our lawyer send him a registered notice cum reminder for Registry. But seller denied to receive that letter and did'nt reach in registrar office for progressing the matter.I was present and gave our both time of attendance in registrar office. Later I call him for increasing the validity of agreement but he denied and asking for 8 Lakhs more. Finally I lodge a case in the Court of "specific performance" and paid suitable fee of Rs. 15800.00 as per our lawyer. But seller denied to accept the second checque of Rs. 1 lakh . Now court make the following issues for discussion:

1. Is agreement has been performed

2.Is buyer was always ready to purchase

3. Is proper court fee paid

4. Is this came under "specific performance"

5. any other issue if so ever

I were always willing to purchase this piece of land  and  submitted all the necessary document with

a) Original agreement,

b) Attendance receipt,

c) bank statement for payment of both checks and sufficient amount in my account for registry for showing my willingness to purchase the land

d) Notice copy with post office slip etc. to the court

I wish to know that

i) Is this a right case for specific performance

ii) is court fee is proper for this case ?and

iii) what may be the probable result of this case?

now from last 1 year my statements are due in the Court but the opposition lawyer is avoiding to take statement......

Thanks and awaiting for your valuable suggestions 



Learning

 2 Replies

HIRAL THAKKAR (ADVOCATE )     23 September 2013

This is a fit case for specific performance. you need to prove your readiness and willingness in all probability. You must have entered into an MOU before the deal that can be helpful. if defence is avoiding to answer then go for exparte

Gupta S Kumar (Government Job)     24 September 2013

Sir 1. What other document should I submit for showing my willingness? 2.In most of the dates, I m available in the court but their is no cross examination from last four dates but the opposition lawyer is avoiding to take statement......] 3. I have not understood about MOU, kindly write some in detail thanks with regards Sunil

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