Legal Question in Real Estate Law in India

A land was purchased by a real estate agent to divide the land into pieces and sell it. An agreement was entered into for six months and an advance was paid. One month extension was granted as he could not get buyers. All the necessary documents were given to the agent such as tax receipt and encumbrance certificate. Before the end the said agreement, the agent put a false case of a way dispute. A commission was ordered and this was proved false and the court asked the agent to deposit the balance amount to the court, to which the agent failed and the case was vacated. Now the agent is claiming for the advance money with interest and the amount spent for development. Actually during this period of agreement the agent cut down and sold trees worth lakhs. I seek an advice as to how to move further in this regard?

Asked on 6/04/13, 10:18 pm

Shrichand Nahar S.V.Nahar, Advocate

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Check decided suit w.r.t. Order 2 Rule 2 CPC.

If that is applicable in your case, then second suit of the developer would be barred.

Answered on 6/05/13, 4:37 am

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