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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.

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 ?

Thanks

Sunil

 



Learning

 1 Replies

Rohit Subbayya (Advocate)     20 May 2016

Dear Sir,

As you have already instituted the suit, the following can be done:-

i. Discuss with your Advocate as to whether you have paid the necessary Court Fee or not.

ii. Make applications for early hearing under Section 151 of CPC and advance the hearing of the case and see to it that the case proceeds faster.

iii. In case of extreme delay or unreasonable delay, you have the option of approaching the High Court seeking for directions for early disposal(though it is not advisable for various reasons - primarily because of the cost involved etc.,)

 


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