Вставка
- Опубліковано 12 жов 2024
- #specificperformancesuit #agreementofsale
Supreme Court of India
I.S.Sikandar (D) By Lrs.& Ors vs K.Subramani & Ors on 29 August, 2013
Author: V G Gowda
Bench: G.S. Singhvi, V. Gopala Gowda
REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL
APPELLATE JURISDICTION
CIVIL APPEAL NO. 7306 OF 2013 (Arising out of SLP
(C) No. 20367 of 2009)
I.S. SIKANDAR (D) BY LRs. ... APPELLANTS
VS.
K. SUBRAMANI & ORS. ... RESPONDENTS
J U D G M E N T
V. Gopala Gowda, J.
It is an undisputed fact that there is an Agreement of Sale executed by defendant Nos.
1-4 dated 25.12.1983 in favour of the plaintiff agreeing to sell the schedule property in
his favour for a sum of Rs. 45,000/- by receiving an advance sale consideration of
Rs.5,000/- and the plaintiff had further agreed that the remaining sale consideration
will be paid to them at the time of execution of the sale deed. As per Clause 6 of the
Agreement of Sale, the time to get the sale deed executed was specified as 5 months
in favour of the plaintiff by the defendant Nos.1-4, after obtaining necessary
permission from the competent authorities such as the Urban Land Ceiling Authority
and Income Tax Department for execution and registration of the sale deed at the
cost and expenses of the plaintiff. If there is any delay in obtaining necessary
permission from the above authorities and the payment of layout charges, the time
for due performance of agreement shall further be extended for a period of two
months from the date of grant of such permission. In the instant case, permission
from the above authorities was not obtained from defendant Nos. 1-4. The period of
five months stipulated under clause 6 of the Agreement of Sale for execution and
registration of the sale deed in favour of the plaintiff had expired. Despite the same,
the defendant Nos. 1-4 got issued legal notice dated 06.03.1985 to the plaintiff
pointing out that he has failed to perform his part of the contract in terms of the
Agreement of Sale by not paying balance sale consideration to them and getting the
sale deed executed in his favour and called upon him to pay the balance sale
consideration and get the sale deed executed on or before 18.3.1985.
The plaintiff had issued reply letter dated 16.3.1985 to the advocates of defendant Nos. 1-4, in which
he had admitted his default in performing his part of contract and prayed time till 23.05.1985 to get
the sale deed executed in his favour. Another legal notice dated 28.03.1985 was sent by the first
defendant to the plaintiff extending time to the plaintiff asking him to pay the sale consideration
amount and get the sale deed executed on or before 10.04.1985, and on failure to comply with the
same, the Agreement of Sale dated 25.12.1983 would be terminated since the plaintiff did not avail
the time extended to him by defendant Nos. 1-4. Since the plaintiff did not perform his part of contract within the extended period in the legal notice referred to supra, the Agreement of Sale was
terminated as per notice dated 28.03.1985 and thus, there is termination of the Agreement of Sale
between the plaintiff and defendant Nos. 1-4 w.e.f. 10.04.1985. As could be seen from the prayer
sought for in the original suit, the plaintiff has not sought for declaratory relief to declare the
termination of Agreement of Sale as bad in law. In the absence of such prayer by the plaintiff the
original suit filed by him before the trial court for grant of decree for specific performance in respect
of the suit schedule property on the basis of Agreement of Sale and consequential relief of decree for
permanent injunction is not maintainable in law. Therefore, we have to hold that the relief sought
for by the plaintiff for grant of decree for specific performance of execution of sale deed in respect of
the suit schedule property in his favour on the basis of non existing Agreement of Sale is wholly
unsustainable in law. Accordingly, the point No. 1 is answered in favour of the defendant No.5.
Even if we assume that the Agreement of Sale dated 25.12.1983 is subsisting, we have to answer
point No. 2 in favour of defendant No.5 for the following reasons :-
It would be very much relevant for us to extract Clause 6 of the Agreement of Sale which reads thus:
The time fixed for execution and completion of the sale transaction is five months
from the date of the agreement of sale. The first parties have agreed to get the
necessary permission for registration from the competent authorities such as the
Urban Land Ceiling authorities and Income Tax Authority within the said period of
five months at the cost and expenses of the Second Party. The Second Party has
agreed to pay the necessary layout and conversion charges of the suit property to the
concerned authorities. The first party have further agreed with the second party that
if in case the necessary permission from the aforesaid authorities is delayed and as a
Sir, Dont videos in vague. Please give sections and supported decisions.
Any supreme court or heigh court judgement regards this vedeo to support plz mention the judgement
Thank you very much sir for imparting basic legal knowledge.
Sir kindly share some about limitation in specific performance and in case of delay of 5 to 6 years
Sir thx nice knowledge... in case the purchaser is not in a position to make balance payment and request the seller for refund and ready to cancel agreement to sell
Sir I had an agreement of electricity (commercial meter) for 10 years, unfortunately I would like to cancel this agreement due to some financial reason but another person is not willing to cancel the agreement.. what should i do??? May u pls help me...??
If termination of sale agreement is done after receipt of purchaser notice on an unregistered agreement, what happens?
Hi. Sir I am the seller can seek specific performance suit for cancel the sale Agreement
Sir,in a family, agricultural land is divided into two parts 3 acre s of land to each one . In this process, mutation registeration completed but not registration, and agreement deed also not registered. And the person involved in this process of mutation, is no more, nd the original owner of land, filed a case on the leagal Heir. Requesting you to suggest that, how can we protect our property with unregistered documents
Sir I have one doubt, actually am a seller, buyer entered in sale agreement, now my situations are changed my mother not accepting to sale our plot, and i informed to buyer to i cant do registration, il give you your token amount with intrest, but buyer can't accepting, he want registration, so plzzzzzzzzz suggest me sir , am not interested to do registration with other situations suddenly happen so i cant do registration to buyer, pls sugges sir
What if the agreement date has been over ? And purchaser not came with balance of payment ? In that case seller refund the payment to buyers account and agreement of sale will be considered as null and void ? Or termination notice required even after the date over ?
sir please tell me that if seller is not intrested to sell the property on a registered agreement and the purchaser is not agree to cancel the agreement so what can i so for the cancellation of registered agreement .Sir please kindly sort out My problem because i dont want to sell the property .
Have not understood fully the video regarding the cancellation of agreement of sale cancellation.
Namaste sir my name is Manjunath from Karnataka I need a small favour that in 2016 my dad did a sale agreement of agriculture land by receiveing a part of money & stating that in agreement with in 3 months buyers should pay balance amount & make a sale deed but buyers fails to come forward my dad sent a legal notice to him upto that I know till today that buyers not cane forward to buy land but now my dad also passed away now they are approaching me as I'm only son of my father you should repay that advance amount as you know that your dad did sale agreement 7 years back I'm in tense what to do I don't not getting how to defend this I also witnessed in that sale agreement by signing but agreement is not registered only notory has been made they breeched the agreement condition now asking money to return as I'm witness in that letter & a son pls help me I need some suggestions sir pls
I (buyer)Registered agreement of sale and seller didn't come forward to final registration ,I filed suit for specific performance of contract in 2017,now almost 4 years of completion also it is in trial court proceedings .seller if he looses the case also he will be benefited, but purchaser will suffer even though he wins.
Hello Prasad, did you get the judgement from the court and your invested money back from the seller?
@@ImranShaikh-im2qn still it is in court proceedings.
@@prasadvikram4034 Ohhk, did you invest in a plot or in a flat ?
Why is it taking time to get the court judgement in your favour ?
In india a court cases are more time consuming.
@@prasadvikram4034 yes that's true, is it a plot or flat ?
Why don't you cancel the deal agreement with the seller or is it possible for u to sell off the property u purchased?
sir
I am seller I sold my house (2850sq ft sold out of 3409)
in agrement of sale border in one side I mentioned my own property but actual position my property not remained then shall I cancel agrement
Sir what is property has been sold to someone else before termination of agreement?
Hi sir,
What is the procedure for timeline extension request for agreement to sale ?
Good information sir
Sir kindly any citation regarding this
Buyer wants to cancel the sale agreement and requested entire amount that paid, can seller deduct 10% of paid amount in Karnataka state?
yes
383 video in telugu kavali sir
What if seller trusted buyer and made registration without receiving full amount of sale consideration and later buyer went underground, since 5 years we are trying to reach him but the buyer is phone is switch off all the time and changing his address locations and secretly approaching his agents and trying to sell the property?? Is their any remedy to file a suit against him??
Is this mentioned in the sale deed that full consideration is not received, and any thing written document about balance amount.
@@prasadvikram4034 not written in sale deed but written on stamp paper and later buyer reverted us some extent of land out of the whole land we sold and even after that buyer is due around 40L but his agents making allegations (i,e 25-28L)and even we are requesting for acknowledgment copies, they are not showing any kind of receipts and his agents are threatening and trying to sell the plots
in sale deed if you acknowledged that full payment received towards total consideration amount, there is less chance to prove that balance amount from buyer, in that transaction the buyer took advantage of the situation.
@@prasadvikram4034 The amount mentioned in sale deed is different and the amount agreed to pay is different (i,e how ever buyer tries to reduce the stamp duty), and more over buyer extended 1year tenure time to pay the balance amount i,e is the amount agreed and mentioned on 100rupees stamp paper (i,e 86L due amount). After the time mentioned buyer didn’t fulfil his promise later he reverted (i,e worth 45L amount) few extent of land back and he mentioned the balance amount will be paid by April 2015, but later buyer went not reachable and approached his addresses but no result till today. Recently we knew that mediator and buyer together colluded each other and trying to sell the property to third party
@@pradyumnauppula2348 if you are able to prove the content written on stamp paper regarding balance amount then there is a chance to recover the balance money.