Legal Question in Civil Litigation in India

Sir, I did sale aggreement or byana 4.5 lakh alongwith we also did M.O.Uunderstading that in case if second party i.e purchaser will not get home loan from concern bank the earnest mony will not forfieted and whole amount will be returnedat 20-2-2008 but seller refuses and said it is not sale transaction and said i did not sale the property and I borrow the money for marriage of my daughter, said this negative area for banks there no home loan. However I send to him premature notice 15 days ago 18-8-2008 date of Registy that our payment is ready but he replied 17-8-2008 as above now matter in high court and property is under stay what would be result . Dicision would be in my favour?

or what should i do any other advise for me. (there is no clause of double amt in sale of aggrement and I also want property )

Plaintiff

Rajender Kumar


Asked on 10/22/09, 3:23 am

2 Answers from Attorneys
Seshadri Srinivasan www.lawconcern.com

Await the judgment.

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Answered on 10/22/09, 3:52 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

i need to go thorugh your case file as there are alot many lacunae in a suit for specific performance of contract and unless the petition is read in its entirety, nothing can be said. readiness and willingness of plaintiff is to be seen and the proof of payment is to be seen and there are other conditions that needs to be fulfilled bythe plaintiff before a decree is passed.

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Answered on 10/23/09, 3:39 am


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