Sir/madam,
I being a purchaser entered in to an agreement of sale on 13-04-2012. Paid seventy five thousand through cheque and remaining amount in cash, agreeing to buy a site, in Karnataka. Time being the essence of this agreement time was fixed for 3 months. Another condition which is part of the agreement, I quote:
"The vendor hereby assures that he will do all legal formalities to get pan approval and also provide all the documents which is suitable for the pan by the government or private sector banks, within three months. And further assures since the vendor submitted draft plan a regular site number belongs to municipality will given to each purchaser with assessment of tax etc as per law".
- obviously the vendor did not care to fulfil or respect any clauses. I sent a notice 10 months back, saying a "specific performance" suit will be failed if he fails to respect the sale agreement. He took two months time to reply and his lawyer responded. The response which stated that : purchaser, being me, request was made to cancel the agreement of sale due to financial crisis and requested the vendor to give Rs.10,000.
Obviously bunch of lies. Neither I asked him orally nor was agreement of sale cancelled in writing. Further, the responses demanded to withdraw the notice which I haven't done.
I sent recently a month back asking him to respect and fulfill the clauses of providing essential documents. No reply from the vendor.
- since I did not get any reply for my second notice, I am settled with a thought of proceeding against the vendor, Bangalore being the jurisdiction, I need few advices from learned counsels of this club:
1. Time being the essence of the agreement, have I lost the case before filing?
2. If my prayer requests the court to order the vendor to respect the clause of the agreement where vendor assured all essential documents to procure bank loan" ...- will it amount to specific performance, where I need to pay court fee to nearly Rs. 70,000?
3. Asking for a stay against the vendor to not enter into sale agreement, nor pledge the agreed property- will I be able to get it?
- thanks to all in advance.
Chandrashekhar v
