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Whether Exchange Agreement is admitted as evidence in court
09-Feb-2023 (In Civil Law)
An Exchange Agreement (unregistered) entered by A & B, given the possession with a condition to execute the Exchange Deed within the specified period. Thereafter inspite of repeated verbal requests 'A' avoids to come forward to execute the Exchange Deed but develope the land given to his possession. Finally served a legal notice to execute the Exchange Deed within limitation period. As 'B' is aggrieved to file the suit under Specific Performance Act, within the limitation period, whether the said Exchange Agreement (unregistered) is admitted in the court as evidence. If not what is the remedy to get back the land exchanged by 'B'.
Hence he has not complied the terms of the agreement the suit can be proceeded against "A" as he is in possession to evict him from the land for violating the terms and conditions of the agreement as it is unregistered it doesn't got any legal sanctity but it can be narrated before court to prove that how the possession was acquired by "A".
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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