PYDI RAMANA Vs. DAVARASETY MANMADHA RAO

JUDGEMENT

(1.) The appellant who is the original defendant before the trial Court has preferred this appeal questioning the correctness and legality of the judgment dtd. 7/6/2011 whereunder the second appeal filed by him in S.A No.1282 of 2008 came to be partly allowed, confirming the order of the appellate court passed in A.S. No.39 of 2004 which granted the relief of specific performance in favour of the plaintiff and directed the respondent-plaintiff to pay additional sale consideration namely twice the sale consideration.

(2.) We have heard the arguments of Shri B. Adinarayana Rao, learned Senior Counsel appearing for appellant and Shri D. Bharat Kumar, learned Counsel appearing for the respondent perused the records.

(3.) The respondent herein who was the plaintiff filed a suit for specific performance of the agreement dtd. 7/6/1993 by contending inter alia that appellant-defendant had agreed to sell the property measuring Ac.1.38 cents for a total consideration of Rs.705.00 per cent as per the terms reduced by way of an agreement executed on the same day whereunder plaintiff claimed to have paid an advance amount of Rs.2,005.00 and defendant agreed to execute sale deed in favour of the plaintiff within one year after getting the suit property surveyed. Further sum of Rs.17,000.00 was paid by the plaintiff to the defendant on 23/6/1993. It is the case of the plaintiff that despite demand, the defendant postponed the execution of the sale deed and as such plaintiff got issued a legal notice on 30/5/1996 to the defendant for which no reply was received and as such suit for specific performance of the agreement of sale dtd. 7/6/1993 or in the alternate for the refund of the advance money paid with interest came to be filed.