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Author Topic: agreement issue  (Read 745 times)

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Offline murali2306

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agreement issue
« on: June 12, 2015, 10:03:30 PM »
Sir, on 04 June 2015 I made an agreement on 100 rupees stamp paper with a builder to buy one apartment (in nellore district, Andhrapradesh) of 1116 sq feet  in second floor from 5 floors worth of 2600000 with my portion of land registration coming to 252 sq feet. I paid 500000 in advance and stated in agreement that if i get the loan from bank then i will pay rest of money and if i do not get loan then the paid 500000 will be returned to me.
As of now bank gave assurance that i will get the loan of required amount by seeing my salary pay slip.
Problem is now, when the builder started doing work on the site, demand raised for the purchase of apartments. Builder now planning to manage to build 6 floors.
My query is as i agreed for having apartment in 5 floor and not 6 floor building. if i take apartment in 6 floor building then my land registration will be reduced to 210 sq feet. As i paid for 252 sq feet he may convince me to take with 210 sq feet in the same rate or may reduce the rate to 2200000 or he may return the paid 500000.
Sir as i agreed with builder and paid the advance now as the demand increased and builder taking opportunity to build and extra floor(having 10 houses) which is getting profit of more than two crores, i am planning why not i demand 20 lakes to cancel the agreement as the site value demand has been increased.
As in agreement he has agreed with me to register 252 sq feet.
so he cannot build 6 th floor. if so then the my registration will be reduced to 210 sq feet, which will be violation of agreement and i can very well suit a case on him and get stay order from court.. i think so..
so definitely he has to compromise with me if he wants to get the profit of 2 crores(10 houses in 6th floor) to agree with my amount and cancel the agreement.
please help me sir, for proper procedures.. step by step..

Offline kphk

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Re: agreement issue
« Reply #1 on: June 13, 2015, 05:41:55 AM »
Absolutely you can get a stay and prevent him from committing the breach of contract. Start a suit for specific performance of your contract by filing plaint, in the suit you also simultaneously file IA praying for injunction against him restraining him from continuing with the construction as it will defeat your contract. You will succeed

 

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