Procedure to file a civil suit for the implementation of the sale agreement
I have made an agreement on a non-judicial stamp paper for purchasing a room of 200 sq. foot for commercial use in a building in the year 2005 for total consideration of Rs.5 lacs.The agreement is registered.The payments has been made in instalments and the final payment was made in 2009.The final payment of Rs.1.50 lacs has been made without any receipt on the basis of good faith.The construction of the building was completed in the year 2010.Though the possession of the room was handed over in May,2010 but no possession certificate has been given by the seller.Presently I am running my business from the room.In January,2016 I have requested the owner for the registration of the property but he has denied for the registration.As such,in April 2016 I have send him a legal notice by registered post for specific performance of the contract and requesting him to provide the basic amenities as mentioned in the agreement and the seller has received the notice.In the notice,I have mentioned the date of possession from June 2015 so as to cover the period of limitation.But till today he has not replied to the notice nor he has made any demand.Due to non-registration of the property I am unable to pay the property tax and the same has been accumulating in his name since 2011.Also I would like to mention that I had been a tenant of the seller since 1978 as I have been conducting my business since then and it is mentioned in the agreement.I want to know if I file case in the court will it be barred by limitation as I have heard that an agrement is valid for 3 years only.Also, I want to know whether it will be advisable to send him another legal notice before proceeding for filing the case as it has been 18 months since the notice has been sent.Can the seller prove that the possession was given before 2015 so as to bring the case under the limitation?Under the present circumstances what is the probability of winning the case?Kindly advise.
As per law the limitation for specific performance also commence when you had noticed that the performance is refused so in your case since you had sent notice in April 2016 calling him for registration of which seller has neither replied nor can forward for registration of sale deed so you can go for specific performance and in such circumstance your suirt shall be witin limitation as provided under limitation Act.
What is the time limit for execution of document mentioned in the agreement (Registration of Document). The limitation is three years from the arising of cause of action. If the internal time for performance of contract is fixed then limitation period start from that time.
File a suit for specific performance of contract on the strength of agreement and notice send by you immediately. You can also send a fresh notice also mention the previous notice in that notice. sec 16 (c) of Specific relief act which play the important role in executing of specific performance of contract. If the purchaser is ready and willing to perform only entitled to get the agreement executed. otherwise he cannot enforce to execute the sale deed
Law doesn't come to the aid of sleeping people. One must exercise his legal rights within reasonal time. Anyway you are in possession of property and continue to be in possession. If any disturbance caused by any party then you may file a Suit for injunction and protect your possession. One thing is clear that you cannot be disturbed from possession without due course of law. It is better to issue second legal notice. For draft legal notice please send Xerox copies of all the documents to me.
Draft petition/legal notice will be prepared by me on payment of professional nominal fees, you may approach management of this website for further details.
limitation will nt bar your case but you have to draft appropriately and succeding in given fact of case are very high. better you file consumenr complaint.
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