TELIKICHERLA SESIBHUSHAN Vs. KALLI RAJA RAO

JUDGEMENT

(1.) THESE two appeals are directed against the common judgment and order dated 15 June, 2007 passed by the High Court of Andhra Pradesh in Appeal Suit Nos. 2652 and 2052 of 1996.

(2.) WE have heard learned Counsel for the parties and perused the papers on record.

(3.) IT is clear from the record that there is concurrent finding of fact against the present Appellant by both the courts below that the Appellant failed to prove that he had been ready and willing to perform his part of the contract. Having gone through the papers on record, we find that since the present Appellant failed to repay the entire loan amount in terms of the agreement, and the suit filed by the Bank against the debtor for recovery of remaining amount of loan was decreed, as such, there was ample evidence on record to hold that the Appellant failed to perform his part of contract, as such, it cannot be said that he is entitled to the relief of specific performance of contract. It is pertinent to mention here that the suit for specific performance of contract was filed by the Plaintiff/Appellant after a period of seven years, and it is not proved on the record that the Plaintiff had been always ready and willing to perform his part of contract.