Go in Appeal before Appellate Court. There are precedents to that effect. he will lose the property. Also file Application under Order 39 Rule 1 and 2 for Stay
Unilateral cancel by seller ignoring legal timely notices making false allegation forfeiting partpay
An agreement to sell entered, with an advance amount of Rs.100, expiring after 4 months, and further part payment Rs 100 made after one month. time extended at the request of seller for another 2.5 months, before completion of 4 months, in writing. Again notice and telegram sent by buyer before completing further perio d of 2.5 months, informing readiness of payment, and requesting to fix date of execution and hand over of possession. All above admitted and confirmed in court. After 15 days passing of last date of extended period as above, seller sent notice of cancellation, forfeiture of advance and part payment, alleging that buyer did not have payment, neither on first date, nor on second date, nor on date (5 days after the limit of extended period) orally agreed between both for execution, on which he waited for the buyer in registrars office.But he admitted in his cross that on that date he had not vacated the property. He blamed the buyer of requesting extension. He put excuse that he signed second payment as part payment without reading. Both proved false in court. Still court denied Specific relief and upheld the cancellation notice.
Asked 6 years ago in Property Law
Religion: Hindu
10 Answers
It is necessary to peruse court orders passed in yourcase to advice
2) if you are aggrieved by court orders you can file appeal against court order rejecting your claim for specific performance
1. Seller can't forfeit entire amount in absence of written agreement
2. Who filed the suit? You or seller?
3. Seller will vacate property only on receiving payment
4. You will have to file an appeal
You have to appeal the order of.the trial court within the limitation period and seek stay on the transfer of said property.
Further kindly clarify on what grounds the cancellation of the agreement was held by the trial court???
The reasoned order of the court has to be perused for advice.
1. What ground the Court has shown in the order sheet while dismissing the specific relief prayer?
2. Collect evidence of your having satisfied the said grounds and challenge the said order before the Appellate Court.
File an appeal.
Before any proper advice is given, it is necessary to check the orders passed in your case till now by the court. However, since you are aggrieved by the orders passed by the court, go in appeal against the dismissal of the suit. In your appeal, it is advisable that you pray for obtaining stay orders until the matter is put at rest after a proper presentation of the case on merits.
Firslty, sir it is the clear violation of the contract between the two parties.
Secondly, it was requested to get extended otherwise all transactions would have been completed.
Thirdly, you please go befor the civil court and ask for you amount with interest till the date of completion of the case, and also ask for some litigation expenses.
Rest you are welcome to take any assistance in future.
If you feel that the judgment is erroneous and you are aggrieved by the judgment, you have rights to prefer an appeal against the judgment before the next appellate court.
You can ascertain the probabilities and weight of the judgment to prepare memorandum o appeal and strong grounds thereto.
No concrete opinion can be rendered without seeing the judgment copy because it may mislead or misguide.
Show order.
