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Gupta S Kumar (Government Job)     23 March 2012

Land sale agreement - specific performance suit

Hello Sir
I have done a registered agreement to purchase a plot for our residential purposes @ 13 Lakhs  and paid necessary 1/3rd ( i.e. 2%) stamp duty of Rs. 26000.00. 
I paid Rs. 1.0 Lakh in cash in advance to the seller.
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 after agreement.
It is came in my notice that due to price hike of land, seller did'nt want this land to me at this rate.
 Before one week of sceduled time of Resistry Our lawyer send him a registered notice cum reminder for Resistry. But seller denied to receive that letter and did'nt reach in registrar office for progressing the matter.I gave our both time of attendance in registrar office.
 
I was ready to perform our part of agreement and  had sufficient amount in my account at that time and wish to purchase that Land.
 
 Later I call him for extending 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 (20% of the total stamp required for registry) as per our lawyer.
But seller denied to accept the second checque of Rs. 1 lakh and in his reply, seller says that  court fee  paid is less then required for the case. 
Now court make the following issues for discussion @ next date at the end of March2012:
1. Is agreement has been performed
2.Is buyer was ready to purchase
3. Is proper court fee paid
4. Is this cames under "specific performance"
5. any other issue if so ever
       I submitt all the necessary document for evidence to the court
 a)Original agreement, b) Attendence receipt, c) bank statement  of paid ammount .
I do not  asked for alternate prayer for damages.
I wish to ask is court fee is proper for this case and the steps should be followed to find a proper judgement.
May I submit permission letter issued by My Department regarding purchase of land.
What may be the result of this case?
Kindly suggess me so that I can fight properly for justice.
thanks
S K Gupta


Learning

 3 Replies

niranjan (civil practice)     23 March 2012

In my opinion you have goodcase. So far the court fee is concerned,you can submit the court to decide that issue as preliminary issue and in case court finds that it is insufficient,you can seek time to pay deficit time but you fail to pay,it can be dismissed.

Gupta S Kumar (Government Job)     24 March 2012

thanks niranjan G.

Is this a valid case for specific performance?

regards

sunil

Gupta S Kumar (Government Job)     19 December 2013

The seller wish a compromise by giving some of the money but I am not interested in money now. I am interested in plot only. so what I can do for this?

kindly advise me for a better and final decision as the cost of property increases many fold in last four years due road widwning etc.

regards

sunil


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