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JaiHind2010 (Owner)     10 June 2011

Who has breached contract?

The agreement for sale is subject to the bye-laws (old bye-laws not model bye-laws) of the Society. The defendant has to obtain noc from the society as the Plaintiff required an NOC (for her bank loan).  Advance payment of Rs 50,000. Balance payment was to be made within 30 days of society giving its no objection.

The Defendant immediately as per the agreement gave society notice of intention to transfer - form 20 (1) and form 20 (2). The society then advised to submit the application for membership and transfer forms.

Plaintiff refused to prepare the forms required from her side and wanted society to issue noc first without her submitting the required forms. The society refused and the plaintiff then sued the defendant for breach of contract.  How can the defendant obtain noc from society if  plaintiff did not sign the forms and send it to the defendant? 

Whose fault is it - society, defenadnt or plaintiff??  Even after filing case, the society again wrote to defendant and said unless all forms are submitted they cannot take any action in the matter. Plaintiff still did not execute and send defendant all the forms from her side.  even todate she has not signed the documents. i am stuck in the legal case for next 100 years. may be she is trying to extract money from me?

what defense is available for defendant?





 1 Replies

Apprentice (Associate)     15 June 2011

Section 16(c) of Specific Relief Act, 1963 would apply in this case. Since plaintiff did not comply with the terms of the agreement he is clearly in violation as it is mandatory for him to comply with the provisions of Section 16(c).

The Plaintiff is required to prove to that everything that was required to be performed by him under the agreement was done and it was you who defaulted. 

Don't lose heart...........!

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