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lalit (director)     02 October 2011

Cancellation of agreement

 

"X"buyer and "Y"seller enter into an agreement 01.01.2011 for sale of a plot for consideration of 100000/-, with an condition to complete transaction on or before 31.03.2011.buyer gives a cheque to seller as token money, but seller does not encashes the same and returns it on 05.01.2011.and destroys the agreement at a later date.
 
mean while the parties of the both part execute fresh deed before 31.03.2011, with  different consideration, without any reference of the old agreement..
can not acting upon the old agreement be treated as cancellation of the agreement.
can the seller later approach the judiciary with a photocopy of the agreement contesting an existence of an agreement.


Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 October 2011

Dear lalit

as per your information that the X and Y entered into an agreement on 01012011 for a considration and the time for execute this agreement of sale and the payment till 31.03.2011 but the seller was not ready, but after that both the parties entered another agreement on 31.03.2011 so there is no illigality, but  when the seller refuse to accept the cheque AMOUNT THEN THE BUYER  file a suit for specific performance in the hon'ble court and get reciefed by Hon'ble court, now both the parties entered in new agreement so there is no remedy in the eyes of the law but in future the seller agains do this type of the activities then file a suit against him and get relief from the court

feel free to call 9953809956 

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Pradeep Kumar (Lawyer)     18 October 2011

Since you are buyer,your interest in the land and the seller's interest in the money.As the agreement has been drafted on new consideration and the new agreement itself shall be only applicable as you are always willing and ready to perform your part.The old agreement shall not be liable on the same subject matter.

 

Pradeep Kumar & Associates

                     Advocates

Chamber-208,CSA Block,

District Court,Gurgaon

(M) 09871765000

(O)0124-4078500

1 Like

kusum gupta (prop.)     19 October 2011

no he can not do anything specially when a new agrteement has been made.

1 Like

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