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.
S K Gupta