sec 41 of tp act
I entered into an agreement in May 1998 with a husband and wife to buy a property for Rs 10.00 lacs.I paid an advance of Rs 2.00 lacs and the sale deed was to be executed in 90 days. This did not happen as sellers did not produce property documents. Further when ever buyers needed money the husband collected money. When he recieved Rs 9.50 lacs out of 10.00 lacs I requested them orally to produce documents and execute a sale deed. The husband executed a fresh sale agreement in May 2002 delivered possession of the property and agreed to execute sale deed within 30 days. The balance Rs 50000/- was to be paid on the day of registration.They did not produce documents and registration did not take place. The original documents were delivered to me in 2003 november. The wife all along was aware of all the transactions including delivery of property. I have invested heavily in developing the property. Now the sellers are refusing to execute saying that agmt of 2002 was not signed by the wife. The husband and wife have colluded with each other to deprive me of the property after recieving almost the entire sale consideration. I have filed suit for specfic performance and also permanent injunction under sec 53A of tp act. Can I get protection under sec 41 of tp act to plead on implied consent of wife?. So far the wife has never objected to sell the property, recieve money, delivery of possession of property etc.Your advise will greatly help me. Thank you.