I need some urgent advice - a suit has been filed against me for specific performance of contract under an agreement for sale for my property. In the agreement for sale (AFS):
The buyer lives in the same building/society where my flat is situated.
The AFS is subject to the bye-laws of the society where my flat is situated and the terms and conditions of the AFS
I was supposed to obtain NOC from the society, which buyer needed for his housing loan.
The buyer was to pay balance amount within 60 days of NOC grant.
I immediately applied for NOC, confirmed by buyer in his affidavit to court.
As per bye-law buyer was supposed to obtain permission of sub registrar to buy another flat in the same society.
Buyer refused to obtain permission as required by society and kept creating obstacles for me to get NOC (created problems in the society, society committee had to even seek police protection from buyer).
as there was a lot of delay, I told the buyer to cancel agreement as I would lose lot of money since house price went up and I cannot afford another flat if I sold at old price. he refused and filed suit.
Only after filing suit, he applied for required permission and submitted to society. he also deposited balance amount in court.
Do I have a good case? I can prove that was he was not ready and willing all along as the NOC was not granted due to him?
He also never proved to me that he had ad money to make balance payment (in all his correspondence he needs NOC for loan purpose)
Also in the Agreement, there is no provision for any compensation/relief to the plaintiff/buyer if there is any delay from the seller's side (although I was not the cause of the delay)?
Please, I need some advice. My lawyer has not explained these points to me properly and I need to know whether the court can rule in buyer's favour?