Legal Question in Civil Litigation in India

Sir, we had earlier entered into an development agreement with one party in NOV 2008 ,clearly mentioning that our property is mortgaged to bank and took 15 lakhs as advance. The party in the agreement mentioned that we should get the documents by maximum july 2009 else we have to pay them Rs25 lakhs. In the agreement it is also mentioned that we will be entering into another agreement indicating the wnership, title of the property ad party will pay 10 lakh at the time of obtaining MCH permission. The party didnot get the permission from MCH stating the reason that road wide is less than 25 feet which was clearly told to them prior itself and we also didnot able to procure the documents and sold the property on intimating to them and paid Rs25 lakhs in 5 installments till date. Now party is threatening us to pay the additional amount for Rs. 25 lkahs with 4% interest every month . Due to financial crisis we thought we can give for development o our property but neither we go development but also getting threating even after paying the agrred amount as per agreement though we only took 15 lakhs and paid the extra 10 lakhs only to avoid any type of legal hassle. Kindly intimate us what to do.


Asked on 7/08/11, 8:38 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

See terms of document, particularly receipt towards payment of Rs.25 Lacs. If receipts disclose that same was full and final satisfaction/settlement, then your other party may not be able to claim anything further.

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Answered on 7/08/11, 11:57 pm
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

Please go through accord the terms & conditions enshrined in your agreement, okay ?

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Answered on 7/11/11, 6:41 am


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