manoj Agreement

this agreement is made on this 20th day of sepetember 1987 between the seller of the one part and the purchaser of the other part
the instant seller intends to sell out the her self- owned land with dilapidated single storied byilding covering an area of 05 decs (five decimals )eiyhin mouza -----------------------------------------------------------which is duly possessed with full right title and interest of the same and free any encumreances whatsoever at a total consideration of rs-------------------ane the instant purchaser being the tenant of the same holcing premises duly accommodated himself with one room and from where he has been carrying on his tailoring business since long by paying due rent to the seller and the purchaser agrees to purchase the same with ysual covenants being agreed upon by and berteen the parties itself, that the present purchaser shall be liable to pay rents accordingly untill execution of sale deed infavour of him , to be executed by the present seller herself and whereas the present purchaser has this day paid to the seller and earnest money of rs------------ which has been acknowledged and accepted by the seller in front of both of the witnesses and doth hereby agreed to nand over the possession of the said premises to the purchaser , the purchaser having taking over the holding prmises from the seller shall be liable to pay due rents untill execution of sale deed and similarly the seller shall be liable for servicing notice upon the purchaser , for fixation of date for execution of sale deed by him and shall also be liable for payment of all taxes and expenses relating to maintainance of said property all by himself and whereas the prewsent purchaser shall be liable for payment of balance consideration amount after receipt of such notice within 30- days of time or else failing compliance of which the earnest miney shall be forfeited and no claims will be entertained save and except the balance of consideration money to be refunded.

in witnesses whereof the present seller vendor have set her signature in the presence of the following witnesses

Originally Posted by Unregistered

this agreement is made on this 20th day of sepetember 1987 between the seller of the one part and the purchaser of the other part
the instant seller intends to sell out the her self- owned land with dilapidated single storied byilding covering an area of 05 decs (five decimals )eiyhin mouza -----------------------------------------------------------which is duly possessed with full right title and interest of the same and free any encumreances whatsoever at a total consideration of rs-------------------ane the instant purchaser being the tenant of the same holcing premises duly accommodated himself with one room and from where he has been carrying on his tailoring business since long by paying due rent to the seller and the purchaser agrees to purchase the same with ysual covenants being agreed upon by and berteen the parties itself, that the present purchaser shall be liable to pay rents accordingly untill execution of sale deed infavour of him , to be executed by the present seller herself and whereas the present purchaser has this day paid to the seller and earnest money of rs------------ which has been acknowledged and accepted by the seller in front of both of the witnesses and doth hereby agreed to nand over the possession of the said premises to the purchaser , the purchaser having taking over the holding prmises from the seller shall be liable to pay due rents untill execution of sale deed and similarly the seller shall be liable for servicing notice upon the purchaser , for fixation of date for execution of sale deed by him and shall also be liable for payment of all taxes and expenses relating to maintainance of said property all by himself and whereas the prewsent purchaser shall be liable for payment of balance consideration amount after receipt of such notice within 30- days of time or else failing compliance of which the earnest miney shall be forfeited and no claims will be entertained save and except the balance of consideration money to be refunded.

in witnesses whereof the present seller vendor have set her signature in the presence of the following witnesses

PLEASE SUGGEST THAT HOW FAR THIS AGREEMENT IS VALID IN THE EYE OF LAW , CAN A SUIT OF SPECIFIC PERFORMANCE IS BEIGN STAND ON THIS MATTER,

This sales agreement - did it ever go through? Did the tenant buy the property and then not pay for it, or did the buyer never complete the sales transaction? What specific performance was not lived up to? This agreement is terribly old - 31 years old to be exact. If the buyer never purchased it or attempted to until now, it could well be void. Execution of sale surely should have happened many years ago.

I agree, it may be unenforceable now...why the delay?

Any other related parts to this?

Is this the same poster that I answered several months ago who was having problems with a new building he had purchased? It is from the same area but I'm not sure if it is the same poster. I believe the poster had bought a building with an existing tenant who refused to pay the correct rent amount and wouldn't leave the premises when given a notice to vacate. Last I heard, there was a court hearing pending. Perhaps this agreement was with the original owner, and the tenant is stating that he had the right to first purchase through this document?

If the above is corect, and the tenant has not exercised the option to purchase within the last 21 years, the contract is probably no longer considered valid. I doubt a court would order the seller to honor a contract written that long ago in which the buyer/tenant has never exercised their right to purchase. I', not sure of the statute of limitations on contracts in your area, but few places would have that long of a limit.

Originally Posted by Unregistered

This sales agreement - did it ever go through? Did the tenant buy the property and then not pay for it, or did the buyer never complete the sales transaction? What specific performance was not lived up to? This agreement is terribly old - 31 years old to be exact. If the buyer never purchased it or attempted to until now, it could well be void. Execution of sale surely should have happened many years ago.

actually the tenant buyer is not completed the transaction as mentioned in the 31-year old agreement , as the property is purchased by us so on that jelously he is trying to harrsse us or he have this bad intention not even to increase any rent or not to vacate the shop occupied by them ,

they do not want to see that the property is beitg purchased by us nor they want to vacate or even not interested to increase the rent as per the valuation of the area . so just to harrsse and to avoid eviction they filled this case of specific performance in the name of previous landlord and made a party to us as a purchaser , so that we failed to file a suit for eviction etc.
so i want to know wheather this agreement have any impact or validity , as in the agreement they are asking for compensation that they have paid rs one lakh as a earnest money and five lakh a in different occassion but they did not have any receipt or documents to show the payment , they are asking for refund of money with 24 percent interest from the previous landlord,
suggest thanking you manoj

I don't know how recently they made their last payment on this. But earnest money is normally accepted at the signing of the document (31 years ago). Unless they made a recent payment, they probably have allowed their right to purchase expire many years ago. The previous owner may or may not have to refund their money. If they put money down 31 years ago and never followed through on the purchase, they may have forfeited this deposit. No court will expect an owner to hold open an offer to purchase for 31 years. Still, I doubt this will have any effect on you. This agreement is too old to have merit.