Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Gupta S Kumar (Government Job)     20 May 2016

Specific performance suite

Hello sir,
I have gone through registered agreement of a plot. There was a Khasra No. typing mistake in seller's registry. In his registry Khasra No. was misprinted as 123- H but actually there is only single Khasra in 123 that is 123- A. Khasara No. 123- B is nza and 123- C, D, E... are not exists. Seller has agreed to correct it before registry and did an registered agreement clearly mentioning above point of correction within time period of four months. Now he denied to registry. I send a legal notice to him before registry which was not received by him. I gave both time of attendance in registrar office. After all I filed a suite of specific performance in court and submitted all the necessary document i.e.
1. Original registered agreement
2. Bank statement of amount given to him at the time of agreement and some amount given to him after agreement through cheque
3. Remaining amount bank statement ( Sufficient amount required to be paid at the time of registry)
4.Registrar office attendance slip 

5. Legal notice return by him      and other document in support of my willingness.

 Court make following issues:
1. Is agreement done?
2. Is Proper court fee paid?
3. Buyer Willingness and effect
4. Is this a valid case suitable for specific performance?

Till now statement from my side only is completed in last six years. Now they have submitted there affidavit and saying that I have
1. Wrongly written less amount in Registered Agreement
2.Because of misprinting of Khasara No. they are not the  owner of a plot bearing Khasara No. 123- A purchase by him
3. He is writing that he have no authority to sell a plot bearing Khasara No. 123- A as he is a owner of 123- H.

4. They wish to make there seller a party in this case?
5. Neither they are accepting nor denying any where the additional amount I have paid through cheque.

Now onward what should I should do to accelerate this case as I wish to build a house on this land.




 1 Replies

Gupta S Kumar (Government Job)     20 May 2016

Hello If Seller wish to sell this property to any third person by cheating us than how I stop it to selling. Is it possible that court may ask to submit their original registry in court till the decision takes place ?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Start a New Discussion Unreplied Threads

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query