Stop land registration by sending legal notice to sub registrar

As per your factual matrix, you may file a suit for specific performance of contract relating to immovable property, as per the following steps:

1. Consult with a lawyer: It is advisable to consult with a lawyer who has experience in property law and civil litigation. The lawyer can guide you through the legal process and help you understand the legal requirements and formalities involved in filing a suit for specific performance of contract.

2. Draft a legal notice: Before filing a suit, you may send a legal notice to the seller demanding specific performance of the contract. The legal notice should be drafted carefully, clearly outlining the terms of the contract i.e, the written sale deed, the breaches committed by the seller, and the relief sought by the buyer.

3. File the suit: The suit can be filed in the civil court having jurisdiction over the property. The plaint, along with the necessary court fees, should be filed in the court. The court will then issue a notice to the seller to appear before the court and file a written statement.

4. Obtain interim relief: Along with the suit, you can file an application for interim relief, seeking an injunction to prevent the seller from selling or transferring the property to a third party until the specific performance of the contract is completed. The court may grant interim relief if it is satisfied that there is a prima facie case and that irreparable harm will be caused if the relief is not granted.

5. Attend court hearings: You should attend all court hearings and respond to any queries or clarifications sought by the court. The court may also appoint a commissioner to visit the property and submit a report.

6. Obtain the final relief in the form of specific performance or in the alternative recovery of earnest money: If the court finds the case to be in your favour, it may grant the relief sought, including specific performance of the contract. As part of the same suit, you can claim the recovery of the earnest money as part of their overall claim for relief. The court may consider various factors, including the terms of the contract and the conduct of the parties, to determine whether the buyer is entitled to recover the earnest money.

7. Await judgment: The court will consider the evidence presented by both parties and will deliver a judgment. If the court finds that the contract has been breached, it may grant specific performance and injunction, as sought by you or in the alternative, order for the return of token money to you. If specific performance is granted, the seller will be ordered to perform the contract as agreed, failing which penalties can be imposed.

It is important to note that the buyer should act quickly in such cases as there is a time limit within which they can file a suit for specific performance i.e., within three years from the date of the breach.