Greetings to all learned Advocates!
I (buyer) entered into a sale agreement with a seller and he agreed to sell his piece of land for a agreed price. I paid 75% money upfront and time given to execute the sale was 12 months from the date of agreement.
This agreement is registered by paying the stamp duty and the amount given is mentioned clearly in the agreement.
I have still 6 months left in the agreement. Now I'm ready to pay the 25% and execute the sale agreement.
But the seller is giving some lame excuse and trying to buy time from me which I'm not convinced.
There is a clause in the agreement that if I don't convey my intent to complete the sale agreement within the agreed time, then I ll loose the money I have paid and the agreement will be cancelled.
Question: Can I go ahead and file for specfic performance petition against the seller (after issue legal notice) or should I issue legal notice and wait for 6 more months for the agreement to expire?