instant matter posted in query--
what are the points to be determined in a suit?
SALE DEED EXECUTED ON STAMP PAPER. SIGNED AND FINGER / THUMB PRINTS.SALE DEED WAS EXECUTED AS PER MUTUALLY AGREED ORAL TERMS.
NOW THE VENDOR REFUSING TO REGISTER, STATING ORALLY AGREED TERMS WERE DIFFERENT THAN IN THE EXECUTED SALE DEED and the agreement has expired.
SPECIFIC PERFORMANCE SUIT FILED BY THE VENDEE, within 118 days of execution, limitation under registration act not hit, but for larger relief of possession and damages, suit under spec. rel. act. READY AND WILLINGNESS OF THE PLAINTIFF PROVED AND ACCEPTED IN COURT. AD-INTERIM INJUNCTION ON SALE AWARDED.
THE DEFENDANT IN HIS WRITTEN STATEMENT--
1.HAS NOT SPECIFICALLY DENIED EXECUTION OF SALE DEED (possibly fearing the plaintiff refering it to the forensic experts for authenticity establishment)BUT EVASIVELY STATES THAT THE DEED COULD NOT BE EXECUTED BECAUSE OF THE PLAINTIFF'S UNWILLINGNESS,
2.CLAIMS THAT AGREED CONSIDERATION WAS DIFFERENT THAN IN SALE DEED, as the vendor intended to evade government revenue by under valuing the sale deed.
3.CLAIMS THAT ORAL AGREEMENT IS NOT SUBSISTING.
4. DEED COULD NOT BE executed and or REGISTERED BECAUSE OF THE PLAINTIFF'S LATCHES.
AND THE PROPERTY IS IN THE POSSESSION OF THE VENDOR.
