Gupta S Kumar (Government Job) 22 March 2012

Specific performance suit - agreement to sell land

Hello Sir

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. 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. 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 etc.

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?

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4 Replies

(Guest)

The facts narrated by you does not reveal whether you were and are ready and willing to perform your part of the contract. Out of the total consideration of Rs.13 lakh you have paid Rs.2 lakh. You have not said whether you are ready and willing to pay the remaining amount of Rs.11 lakh as contemplated under the contract. If you want to succeed in a suit for specific performance, you will have to show that you have money in your Bank account to pay the Seller. In couple of cases in the Bombay High Court, the Purchaser was called upon to deposit the contract amount in court to show his readiness and willingness and to pass an order of injunction preventing the seller from creating 3rd party rights. You have to show your readiness and willingness until the Decree is passed. I do not know whether you have asked for alternate prayer for damages.

Gupta S Kumar (Government Job) 23 March 2012

thanks sir

I can show our bank statement of that time. I had sufficient amount in my account at that time.

I returned some of the money to our parents but if court ask to deposit the money then I can deposit within a couple of days.

I do not asked for alternate prayer for damages.

Now I am interested in that land because in last 20 monts land rates are increased approximate 30% in this area because of road widening etc.

Kindly suggess me so that I can fight properly for justice.

thanks

S K Gupta

Rajat Vyas (Lawyer) 11 May 2012

Mr. kumar as par fects of your case. your case is best case because in your case seller accept sale agreement.but in that case your legal duty to prove that you are willingli ready to performe your duty as par agreement from bigning by evedance. if you proved it you win that case