landlord would be able to demand balance Rs 80000 as you dont have any evidence of having paid said amount
2) landlord cannot evict you a s he has sold the shop to you
3) you have documentary evidence of having paid Rs 2.20 lakhs
Registration of commercial property
I have purchased a shop in a building in the year 2004 for Rs.3 Lacs.An registered agreement for sale was made in the same year.The possession of the shop has been given in 2009 and presently I am running my business from the shop for the past 8 years.Due to some financial problems I could not register the shop in my name.When I approached the landlord for the registration,he denied as he does not want to give the documents required for registration.As such,nearly a year ago I have send him a legal notice.But he has not replied yet.I would like to mention that the amount was paid in installments.But out of Rs.3 Lacs,I have got receipts for only Rs.2.20 Lacs as the remaining amount was paid without receipt on the basis of good faith.It is mentioned in the agreement that only after the payment of the total amount I can take possession of the room.Kindly advice what to do.If I file a case against the landlord will he be able to demand the amount for which I do not have any receipt?Also I want to know whether he can evict me from the shop and resale it?
Asked 8 years ago in Civil Law
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5 Answers
If I am ready to pay the amount of Rs.80000 for which I don't have any receipt of payment can the landlord deny it and demand in the court to cancell the agreement?Is there any time limit for such agreement as I have heard that an agreement is valid for only three years?On what basis I can file the case in the court? Also I would like to state that I have been running my business from the said property since 1969 which is mentioned in the agreement for sale(the construction of the building started in the year 2004).Will this point help me in fighting my case?The landlord has also not provided the basic amenities like water,toilet,etc. which were mentioned in the agreement.
Asked 8 years ago
was any period mentioned in agreement for sale to make payment ?
2) suit for specific performance has to be filed within period of 3 years
3) it appears you have been tenant of the said premises since 1969 and landlord agreed to sell premises to you in 2004 and possession delivered to you in 2009
4)you cannot file suit for specific performance now .
5) it is necessary to peruse agreement for sale executed by landlord to advise further
1. if you have not received demand notice from the land lord so it shall be presumed that whole consideration has paid because he did not make demand notice and also no claim about your possession.
2. this agreement is partly performed so you have to file a suit under section 53 A of transfer of property act for registration and full performance of agreement.
file a case against the landlord will he be able to demand the amount for which I do not have any receipt?Also I want to know whether he can evict me from the shop and resale it?
You can file a specific performance of contract suit against the owner but make sure that it is nor barred by limitation.
Alternately you can file a suit for declaring or title but you should be able to pay the balance of sale consideration amount, if any if the landlord demands before the court.
If you fight by the sale agreement then you may have to ensure that the same is not barred by limitation.
Law of adverse possession will arise only when you dont fight the case on the basis of sale agreement but even then you may not claim adverse possession in your favor because you remained a tenant so far till the date you have entered into the sale agreement.
Consult a local advocate and proceed as per his advise on the basis of the present status and prevailing situation.