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Daffodils ( )     12 August 2021

Specific performance - land sale agreement

Hello Learned Members,

I've lent money for a businessman for some interest. As a colateral he has signed a sale agreement to sell his piece of land. This sale agreement is registered in the register office. The arrangement of money lending and interest etc is just verbal. The verbal agreement was if he is not paying the interest and settle the principal amount, he has to transfer the deeds of the land to me. The agreement is still valid for 6 more months.

He stopped payment interest and doesn't pick my calls. I sent legal notice to him asking him to receive the remaining payment and complete the sale deed as agreed in the sale agreement. But no reply.

I filed a suit for specific performance. After repeated summons he didn't appear in the court neither directly nor through lawyer. Court messenger also served the summon. 

Question:

What will be the action of the court because of his continuous absense?

In case the court wanted to dispose the suit, can they order the sub register to register the land on my name without the consent of the seller?

 

Thank You



Learning

 5 Replies

Advocate Bhartesh goyal (advocate)     13 August 2021

 ( 1 ) Court will pass exparte order against him and proceed exparte proceedings.

 ( 2 ) After passing exparte order, court will pass judgment on merit of case and if court decides the case in favour of plaintiff then by the order of court sale deed will be executed.

1 Like

Dr J C Vashista (Advocate)     13 August 2021

What is correlation of money advanced/ lended to borrower with agreement to sell, i.e., whether same amount has been acknowledged in the agreement to sell ?

You have already stated to have instituted a suit for specific performance where the defendant did not appear, if so, the court shall proceed ex-parte and pass a decree on the basis of evidence(s) and law applicable on the subject.

Did you implead Sub-Registrar as defendant in your suit ? If so, the decree (if passed in your favour) shall be executed by SR.

What is the opinion and advise of the lawyer engaged / paid by you ? 

Do you have lost faith in your lawyer ? If so, change him / her immediately.

Why did you need to have second opinion / obligation of experts on this platform based on limited facts, except the fact it is available FREE OF COST?

  

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     13 August 2021

  1. It is not mentioned whether the Agreement to Sale is Registered or not. By the wordings "he has signed a sale agreement to sell his piece of land" it can be safely presumed that the Agreement to Sale is unregistered.
  2. The arrangement of money lending and interest etc is just verbal.
  3. The court shall not take cognizance of Point 2 and link the same with the Agreement to Sale. 

I am afraid, there must be ample reasons for Defendant not caring to attend the Court

The following information is not available in the query:

  1. Whether the agreement to sale is made out on the requisite value of stamp paper or merely on white paper or some value stamp paper
  2. It is not mentioned in whose possession the said land for which agreement to sale was signed.
  3. What was the sale consideration mentioned in the Agreement to Sell? Proof of the amount received mentioned in the agreement itself?
  4. Any time limit is mentioned in the agreement to sell for registration and regularising the sale and in case the penalty or sequel for non-registration is mentioned therein?
  5. The agreement was Witnessed?

 

 



 

G.L.N. Prasad (Retired employee.)     13 August 2021

This is the usual practice in olden times by "Zamindars" to grab the land of the poor, by providing petty amounts due to the urgent needs of farmers.  Most of such SPS are expartee decreed, and I have known cases where the court itself executed agreement and judgments read in those cases in simple terms like this." 

Suit on Specific Performance of Contract of sale dead......executed by defendant n favor of the plaintiff by directing the defendant to execute the regular sale deed in terms of the contract or in default to get the same executed through court and for costs.

2.Defendant expartee.  PW1 examined. Exhibit A 1 (Agreement to sell) and EX A2 (Acknowledgment of consideration) marked.  Suit claim proved.  Suit decreed with costs as prayed for."

The poor defendant has no means of approaching the court and he can not afford to engage an advocate and the landlords grabbed the valuable property by these expartee decrees.

 

1 Like

P. Venu (Advocate)     13 August 2021

Have you pleaded all these facts in the suit? If not, what exactly are your pleadings and reliefs sought?


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