Failure to fulfill contract and handover the Agricultural lands
Upon Internet search for purchase of Agricultural lands, I found one venture by name M/s. S L J KISAN ZONE near to Hyderabad for Combined Agriculture Development Zone to encourage the people in Agriculture herein after called the Firm.
Acres 9.19 guntas of land is bought from them just before elections in 2014 and the sale deed is executed in my favour from the Farmers(Vendors with whom the Firm has some sale arrangements under payment of advance), but due to change in Government after elections in Telangana, the market has crashed and they could not able to sell the rest of the Venture of around 250 Acres and they could not able to grow crops.
In the meantime the above said lands are under surveillance of local goon and some relatives of the vendor (farmers) due to wrong promises made by the Venture Firm and they are not allowing to take possession of the lands as they claim they have some written promises from the Venture Firm promoters.
The facts of the case:
1. Through Internet search, I found the above Firm who sale Agriculture lands and develop and grow crops and I contacted them for purchase of their Zone Agricultural lands.
2. They promised that the Lands will be directly registered under my name and a Development agreement has been executed for development and for growing Commercial or Medicinal crops in the fields.
3. Highlights of the land development M.O.U entered with the above venture Firm are as given below
a. Development of entire site of the Zone with roads connectivity, providing water facilities for irrigation and common security through fencing etc For which Rs.25000 per acre is adjusted out of the amount paid by me for purchase of Agricultural lands.
b. Commercial /Medicinal crops will be grown under the supervision of experts and the entire cost of growing crops will be borne by the Venture Firm and the yield will be shared 40% to me and the rest to them. In the event of Loss they promised to pay a minimum of Rs.12000 per acre.
As a extra precaution I took letters of undertaking from the main promoters of the above Venture Firm stating that in future any legal / title disputes arises they should settle the disputes at their cost and indemnify me from all legal problems. And in case they fail to resolve the disputes, they stand as guarantors for refund of the total Sale consideration with up to date interest.
As they failed to develop the lands and grow crops, I demanded for refund of entire money from the Venture Firm and from people who have given letters of Undertaking to me. Now even after lapse of 6 months time, they are not able to resolve the dispute stated above Finally in last month they told me that they have settled the above dispute for Rs 8.00 lakhs as compensation payable to the goon and vendor’s relatives for allowing to take possession and for Development of these Agricultural lands. But even after one month, they could not able to pay and settle the dispute till today.
In this Context, what legal recourse I have against the Venture Firm who fail to develop and grow crops and against the persons who have given letters of undertaking to me for refund of entire sale proceeds with Interest.
Pl suggest whether to take legal action, if so how, or is it better to wait till they settle the disputes and handover the lands to me. more
Acres 9.19 guntas of land is bought from them just before elections in 2014 and the sale deed is executed in my favour from the Farmers(Vendors with whom the Firm has some sale arrangements under payment of advance), but due to change in Government after elections in Telangana, the market has crashed and they could not able to sell the rest of the Venture of around 250 Acres and they could not able to grow crops.
In the meantime the above said lands are under surveillance of local goon and some relatives of the vendor (farmers) due to wrong promises made by the Venture Firm and they are not allowing to take possession of the lands as they claim they have some written promises from the Venture Firm promoters.
The facts of the case:
1. Through Internet search, I found the above Firm who sale Agriculture lands and develop and grow crops and I contacted them for purchase of their Zone Agricultural lands.
2. They promised that the Lands will be directly registered under my name and a Development agreement has been executed for development and for growing Commercial or Medicinal crops in the fields.
3. Highlights of the land development M.O.U entered with the above venture Firm are as given below
a. Development of entire site of the Zone with roads connectivity, providing water facilities for irrigation and common security through fencing etc For which Rs.25000 per acre is adjusted out of the amount paid by me for purchase of Agricultural lands.
b. Commercial /Medicinal crops will be grown under the supervision of experts and the entire cost of growing crops will be borne by the Venture Firm and the yield will be shared 40% to me and the rest to them. In the event of Loss they promised to pay a minimum of Rs.12000 per acre.
As a extra precaution I took letters of undertaking from the main promoters of the above Venture Firm stating that in future any legal / title disputes arises they should settle the disputes at their cost and indemnify me from all legal problems. And in case they fail to resolve the disputes, they stand as guarantors for refund of the total Sale consideration with up to date interest.
As they failed to develop the lands and grow crops, I demanded for refund of entire money from the Venture Firm and from people who have given letters of Undertaking to me. Now even after lapse of 6 months time, they are not able to resolve the dispute stated above Finally in last month they told me that they have settled the above dispute for Rs 8.00 lakhs as compensation payable to the goon and vendor’s relatives for allowing to take possession and for Development of these Agricultural lands. But even after one month, they could not able to pay and settle the dispute till today.
In this Context, what legal recourse I have against the Venture Firm who fail to develop and grow crops and against the persons who have given letters of undertaking to me for refund of entire sale proceeds with Interest.
Pl suggest whether to take legal action, if so how, or is it better to wait till they settle the disputes and handover the lands to me. more
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Yes Mr. Amruthan, I verified the market title and taken Pattadar pass book, R.o.R which is a revenue record copy and no Encumbrance certificate etc required before the sale. I visited the site before sale and after that also 5-6 times. But the problem is the local people (mentioned above) could not allow the venture firm people for taking possession because of reasons not known to me but I learn t that one version is one of the promoters of the firm has taken some favours in getting agreements from farmers for the entire venture. For which they had not paid or done any other thing to them and another verson is one of the promoter who happens to be a Sarpanch in near by village has promised the goon that some of the land will be sold to them but the Firm has alloted to me the same piece. Letter of guarantee is given by the same Sarpanch and the main promoter of the Firm but the sale deed is executed to me from the Farmers as if it is a straight sale to me. But the Web site and broachures etc show that the Firm will take up the farming collectively for the benefit of all and the MOU states that the entire venture will be devloped with common roads and water facilites for irrigation and common security through fencing of all the boarder area of the entire venture etc. Civil case can n't solve my issue as it is a firm they can take the case for several years without final solution, but I am looking for a criminal case ( non bailable offence or that sort) only will pressure them for arriving at a quick solution. more
Aug 08
Was the Firm a party to the sale deed executed by farmers? In my view, a sale should be an absolute sale and it can't have any condition to it. Hence, you cannot ask them to refund the amount. However, you can file a suit for possession. Alternatively, you can refer the MoU and take a stand that you incurred a huge based on the false representation of the Firm and thus file a suit for damages. more
Aug 08
Did you consult any lawyer and verify the marketable title of the vendor. did you physically inspect the land and its location / more
Aug 07
Miscellaneous 1. Where in a Contract, one of the parties fails to perform his part of promise at a specified time; or fails to perform his promise upon the happening of a specified event – A Suit may be filed for the compensation for such breach of promise, within three years from the date, of specified time or date of happening of specified event, under Article 27 of the Indian Limitation Act, 1963. 2. Suits for Declaration may be filed within three years from the date when the right to move the court of law, first accrues, in the following cases – That certain properties are the properties of the person concerned; alongwith the relief of permanent injunction, from interfering with the possession. That Agreement is Void. That certain Mutation entries are Null and Void. 3. Where a party to the proceedings before the Court of law, misleads the Court on any factual or legal submission, and thereby obtains any interim injunction in the said proceedings – the aggrieved person may file a Suit for compensation for injury caused by an injunction wrongfully obtained, within three years from the date when the injunction ceases, under Article 90 of the Indian Limitation Act, 1963. 4. Where any property, movable or immovable is unlawfully sold, under a sale by a civil or revenue court or a sale for arrears of Government revenue or for any demand recoverable as such arrears, A Suit may be filed to set aside such Sale, within one year from the date when the sale is confirmed or would otherwise have become final and conclusive had no such suit been brought, under Article 99 of the Indian Limitation Act, 1963. Note: In every case where Application u/s 156(3) or Criminal Complaint u/s 200 of CrPC, 1973, may be preferred, the said Application or Complaint may also be preferred “Orally”, instead of in writing, before the competent Magistrate Court. [Section 2(d) of CrPC, 1973] more
Aug 07
Disputes between Principal & Agent 1. Where the “Principal” demands Accounts from the “Factor” and is refused, either during the continuance of the Agency, or after the termination of the Agency – A Suit may be filed for the rendition of Accounts, within 3 years from the date, when the account is demanded and refused (in respect of the continuance of the agency); or from the date when the agency terminates, under Article 2 of the Indian Limitation Act, 1963. 2. Where the “Principal” demands Account for unaccounted movable property from the “Agent”, and the Agent refuses, either during the continuance of the Agency, or after the termination of the Agency – A Suit may be filed for the rendition of Accounts, within 3 years from the date, when the Account is demanded and refused (in respect of the continuance of the agency); or from the date when the agency terminates, under Article 3 of the Indian Limitation Act, 1963. 3. Where an “Agent” misconducts or neglects in his duties towards the “Principal” – A Suit may be filed for the rendition of Accounts, within 3 years from the date, when the principal becomes aware of the alleged misconduct or neglect of the “Agent”, under Article 4 of the Indian Limitation Act, 1963. more
Aug 07
