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Nethaji   07 March 2017

Sale agreement

Dear  Sir/Madam,

In 2012, I (Plaintiff) Purchased a house for 10 Lakhs rupees and entered into sale agreement and did sale registration by giving advance 7 lakhs, the agreement was 11 month,  i will pay remaining 3 lakhs during registration. But seller is not interested in registration, demanding more money, saying that the property cost according to market was 3 times greater than the amount in sale agreement, so demanding more money now, so i filed a Original Suit case and paid remaining balance 3 Lakhs in the court as per sale agreement and willing to pay stamp duty fully according to the market value during the registration, seller did not come to court for any proceedings, so judgement was favoured to me as follows....

JUDGEMENT

In the result, the suit is decreed for the relief of specific performance of contract and for the relief of permanent
injunction against the defendant,his men and agent from alienating the suit property to 3rd parties as prayed for with Costs.
Directing the defendant to execute the sale deed infavour of the plaintiff, within two months from the date of receiving the
balance of sale consideration, in-default, execution of sale deed through court process.

QUESTION

1. My Quesiont is, even after the judgement favouring me, the seller is not ready for registration, so i filled Execute petition,  what should i do next step? and what may be outcome of the case....

2. Whether seller can go for appeal to highcourt?

3. Since, the sale agreement is registered properly and judgement was favoured to me at ADDITIONAL DISTRICT COURT, what next step can Seller can do ?.... and what could be the final outcome of this case ?.....

Thanks in Advance,

Nethaji.



Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     07 March 2017

As per your query you have already filed Execute Petition in the Court.  so court will execute sale document in your favour.  Before that the court may obtain Market value as per rates prescribes by the committee and stamp duty payable etc.  

1 Like

Nethaji   07 March 2017

Thanks you so much Sir. Let's wait for some other expert advice in law. Once again thank you for your reply.

G.L.N. Prasad (Retired employee.)     08 March 2017

Who can be an expert more than the advocate that handled your case successfully and knows entire facts.  Please do not hope for expert's advise , as no expert can advise without knowing the entire facts, and studying documents and judgment.


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