C PRABHAKAR RAO Vs. SAMA MAHIPAL REDDY

JUDGEMENT

(1.) Leave Granted.

(2.) Appellants as plaintiffs obtained an ex-parte decree in a suit for specific performance of an agreement for sale. That was challenged by the respondents/defendants by filing an application to set it aside and also filed another application for condoning the delay in its filing.

(3.) The appellants, plaintiffs in the suit alleges that the first respondent, father of second respondent, purchased certain property in 1992 through a sale deed and in the year 2012 gifted a part of it to his daughter. In the year 2015, both the father and the daughter executed an agreement of sale in favour of the appellants for a total consideration of Rs.1,89,75,000.00. It is alleged by the appellants that, apart from an advance payment of rupees five lakhs on the date of the agreement, the appellants paid an additional amount of rupees forty lakhs to the respondents on 21/12/2015. It is further alleged by the appellants that clause six of the agreement of sale obligated respondents to conduct land survey, demarcate boundaries and proceed to execute the sale deed, however, instead of surveying the land, when the respondents issued a legal notice on 7/4/2016 cancelling the agreement of sale, the appellants had to approach the Civil Court to institute a suit for specific performance(OS No. 150 of 2016 filed on 13/10/2016).