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Raj Kumar (Self Employed)     21 December 2016

Suit for damage/compensation under sec. 73 of indian contrac

I purchased a property from A paying him 60% of total, executed an MoU and PoA (not registered), got possession of property. However later got to know there are legal disputes in the property. One person B approached me and suggested me to resolve all disputes and then he shall give me 50% from sale of property deducting the cost and expenses. I executed an MoU and PoA with B on same conditions and got some 10% of agreed amount. I transferred possession to B. However, later B in collusion with A, sold the property to C by executing registered deed from A to C and transferring possession to C. I filed a civil suit of specific performance for my right on A and C. Now I am planning to file suit for damages under section 73 of Contract Act for Rs 1 cr. My queries are. 1) I have heard that suit for damages take decades even generation to finalize in Indian Court. Is it true? How long generally it takes to finalize? 2) Is my case for damage against B is maintainable in presence of suit of specific perf against A and C. 3) Any other remedy against B Best Regards.


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 2 Replies

Ms.Usha Kapoor (CEO)     21 December 2016

If you and your expert lawyer filed  a water tight case of specific performace and damages normally they would be decided within a decade.If you   APPRECIATE THIS ANSWER WOULD YOU GIVE ME A LIKE?

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P. Venu (Advocate)     21 December 2016

The agreement you had entered with B appears to be against the policy of Law.


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