You have good case on merits
appeal should be decided in your favour
there is default on part of plaintiff in making payment within stipulated period
Default of the petitioner in specific performance suit but verdict in his favour
In a property sale the Buyer/Plaintiff did not honour his commitment of paying the Sale Consideration in full on the deadline date of [deleted]. We extended time for about 9 times and in the meantime registered around 4 acres of land in the name of the Buyer/Plaintiff in that around 2 acres 20 days after the deadline date. Total Sale consideration payable by the Buyer/Plaintiff was Rs. 41,24,000/- for 10 Acres and 31 Cents of Agriculture land @ Rs.4 lakh per acre. He made periodical payments of small amounts totaling Rs. 26,50,000/- over a period of 19 months. In the meantime he begged us to register a few acres of land and we had registered in his name 4 acres and 1 Cent. The value of which was Rs. 16 lakh & 4 thousand. Balance of amount remained with us was Rs.10,46,000/-. Even after 19 months he was due to pay us the balance sale consideration of Rs. 14,74,000/- Owing to the inordinate delay in paying the balance of sale consideration even after 19 months we sent a Lawyer Notice cancelling the Agreement for Sale dated [deleted]. Even by that time the rates have escalated in that area. In the meantime he sent a number of Lawyer Notices to delay paying the money stating imaginary lacunae in the Property even though it was not envisaged in the Suit Sale Agreement dated 15-12-08 and he entered into agreement after a thorough scrutiny of the docs. He filed a suit OS No. 46 of 2010 in the Ad. District Judge’s Court, Madanapalle, Chittoor Distr.(Now Annamayya District) AP, India for specific performance. We quoted 6 Supreme Court judgments in our favour that there was no need to adhere to specific performance as the Plaintiff himself was at fault and highlighted the absence of ‘readiness and willingness.’ In spite of strong case on our side the Trial Court decreed in favour of the Plaintiff. We have filed First Appeal AS 158 OF 2014 in the Hon. High Court of Andhra Pradesh, India. Kindly advise as to the chances of success of the suit
Asked 2 years ago in Property Law
Religion: Muslim
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8 Answers
It is not known that on what basis the trial court has decreed the suit and what was your objections as well as your arguments seeking to dismiss the suit.
You have stated to have registered few acres of land to the buyer on the basis of some cash received and you still have balance of cash given by the buyer.
Therefore it indicates that you have accepted the buyer and acknowledged his demand by executing a registered sale deed to a portion of the property.
If you had not executed a sale deed or accepted his request for that portion of property then you perhaps may have a strong case to defend your interest.
Now you have to depend on your defence taken in the trial court because the high court will not go beyond your pleadings made in the trial court
Registering 4 out of 10+ acres of land and extending time for 8 times by receiving small amounts of money to enable the Buyer to settle the full Sale Consideration will be viewed in favour of the Sellers/ Appellants by the Hon. High Court of AP in the Appeal against the District Court judgement in the Specific Performance suit which favoured the Buyer/Petitioner?
Asked 2 years ago
It should be in seller favour as buyer has failed to make payment inspite of time being extended innnumerable times
In the given situation the the seller had provided ample opportunity to the buyer to pay the balance of sale consideration amount whereas the buyer did not utilise the opportunity, hence the buyer's suit for specific performance of contract may not be entertained by trial court, hence the appellate court also may follow the judgment on the same lines.
- As per law, both the parties are under obligation to comply the terms of agreement
- Since, the buyer has taken much time to make payment , then you can produce the proofs of the same before the court.
- Further, if the remaining portion of the land was a part of the agreement, then why the buyer agree for the registration of the registration , and if the buyer accept the registration of the land then there is no ground for specific performance suit on the ground of that agreement.
- You can challenge the said order passed by the High Court.
Dear client,
Based on the details you've provided, it seems you have a strong case. Your argument revolves around the Buyer/Plaintiff's failure to honor the commitment of paying the sale consideration in full on the deadline date, despite multiple extensions. Additionally, you've pointed out the delay in payment and the escalation of rates in the area, which might have caused losses to you. Your presentation of six Supreme Court judgments to support your case, highlighting the absence of 'readiness and willingness' on the Plaintiff's part, strengthens your stance. However, legal matters can be complex, and the outcome of a lawsuit can be influenced by various factors including the interpretation of the law, the evidence presented, and the specific circumstances of the case. Your appeal (AS 158 OF 2014) in the High Court of Andhra Pradesh presents an opportunity for a thorough review of the case. It might offer a chance to present your arguments more comprehensively and for the court to reevaluate the facts and evidence. You can reach out to us for further assistance
You have a strong case he can’t seek specific performance unless he performs his part of duty
Provide judgement of lower court.
