We have made the land purchase agreement with seller by giving advance of 4 lakh in sub register office. later person is denying to sell the property also not returning our money. we put the case in court after a year(this happened in 2015) and court case is going on. January of 2019, we got to know that seller is trying to project the case like 'he borrowed money from us & for the he pledged his land'. Now the 'Karnataka debt free bill' announced by in Karnataka on 24th July. is there any impact on this case ? pls help
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You have entered into agreement for sale wherein seller offered to sell you land for x amount and received y as advance payment
2) if seller inspite of your readiness and willingness to pay balance amount has refused to execute sale deed you have rightly filed suit for specific performance to direct seller to execute regs sale deed in your favour
3) further case of cheating is made out against seller under section 420 of IPC
4) seller cannot take advantage of debt free bull
Does section 420 applies as per 'Karnataka debt free bill 2019' .
The provisions of debt free bill are not applicable to your case
Seller has not availed loan from you rather sold land to you by agreement for sale
Dear Sir,
Please share relevant documents so that the clauses therein can be read and appropriate legal advice can be given.
You can file a suit for specific performance in this case as well as FIR under section 420 is also maintainable
You would have file criminal case of cheating u/s 420 IPC instead of civil recovery suit. No relief to him under deft relief act and benefit only landless labourers, small farmers and poorer sections of the society whose annual income does not exceed Rs1.2 lakh per annum,
It i advisable that yo do not stretch your imagination to the extent of involving the latest laws to the existing case.
Since you have filed the case on some grounds and the case is going on, you better concentrate on your case and on the defence he takes against you.
You have to fight your case on the basis of the pleadings you have made based on the documentary evidences in your support.
They both are different subjects, hence dont get confused by over reading the subject.
No if he is income is above 1.2 lakh per annum then he cannot take benefit of the scheme.
And also you agreement can prove that the money was not given as loan but given for purchase of land.
