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.
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?