I entered into an agreement of sale for 8 acres of agricultural land owned by me with a private limited company engaged in the business of developing colonies in january 2009 and received 10% amount of the sale agreement as earnest money.The possession was also delivered to the company on the date of signing the agreement. The last date of payment of balance amount and registration of sale deed was 31 march 2009 for 7 acres out of 8 acres and 30 april 2009 for 1 acre out of 8 acre.
I issued irrevocable letter of consent to the licensing authorities for issuing license for development of colony to the promoter company in january 2009.
The company after getting license and authorizing the site plan from licensing authority for development of colony carved out roads and other infrastructure for residential colony.
On 31 march 2009 the company made payment for 7 acres of land out of 8 acres as mentioned in agreement to sale and got registered the sale deed on 31 march for 7 acres.
However on 30 april 2009 , the company did not tendered the payment for 1 acre of land and did not turn up for getting the sale deed registered .However the possession of the above said land was with the company.
I remained present in the office of sub registrar on 30 april 2009 but no body from the buyer side turned up and i made an affidavit in front of registrar stating the fact that i was ready to perform my part of agreement but the other party did not come neither they tendered me payment.
In may 2009 i issued notices to the company that my agreement with them has been terminated and their earnest money has been forfeited by me and i asked them to kindly give back the possession of my 1 acre of land to me.
In the colony developed by the company the saleable area was 60% and open area for roads, public utility etc was 40%
out of 7 acres of land that they purchased from me on 31 march they sold all of the saleable area of the colony to other people in the form of residential plots
Now when i approached the company officials for getting back the possession of my 1 acre of land which they did not purchase they told me that the remaining 1 acre of my land is in the form of roads in the colony i.e in 40% of non saleable area as mentioned in site plan of colony, and neither they are interesested in purchasing it from me.
Now more than 3 years have passed and yet they have not given back the possession of my 1 acre of land.
KINDLY GUIDE ME HOW SHOULD I PROCEED TO GET BACK THE POSSESSION OF LAND
SHOULD I GET THE POSSESSION WHERE RESIDENTIAL PLOTS ARE LOCATED WHICH THE COMPANY HAD SOLD TO OTHER BUYERS?
SHOULD I GET THE POSSESSION WHERE THE ROADS OR OTHER PUBLIC UTILITY PLACES ARE LOCATED?
HOWEVER I HAD ALSO ISSUED IRREVOCABLE LETTER OF CONSENT TO THE LICENSING AUTHORITY
WILL I BE SUCCESSFUL IN GETTING THE POSSESSION BACK OR NOT
SUPPOSE TODAY WHEN 3 YEARS HAD PASSED FROM THE DATE OF PERFORMANCE OF CONTRACT
i.e 30 APRIL 2009 IF THE COMPANY FILES A SUIT FOR SPECIFIC PERFORMANCE OF THE AGREEMENT TO SELL DATED JANUARY 2009 ,WILL THE SUIT BE MAINTAINABLE , WILL THE COMPANY BE SUCCESSFUL IN THE SUIT.
KINDLY GUIDE ME
