MUDDAM RAJU YADAV Vs. B. RAJA SHANKER

JUDGEMENT

(1.) Leave granted.

(2.) The present Appeal is preferred by the appellant/plaintiff whose suit for specific performance of agreement of sale dtd. 4/6/2002 was decreed by the Trial Court. However, in appeal by the respondent(s)/defendant(s), the High Court has set aside the judgment and decree of the Trial Court. Resultantly, the suit filed by the appellant/plaintiff stands dismissed.

(3.) The sale agreement dtd. 4/6/2002 was in respect of house property bearing No.1-91/1 (Old No.1-17/2) constructed on Plot No.l admeasuring 406.33 square yards in Survey No. 1 situated at Medchal Village and Mandal, Ranga Reddy District. The agreement was for a total sale consideration of Rs.13,00,000.00 (Rupees Thirteen Lakh) and defendant(s) had received a sum of Rs.6,00,000.00 (Rupees Six Lakh) as advance. The agreement was registered on the same day with the Office of the SubCivil Registrar, Medchal, Ranga Reddy District. As per the terms of agreement, the plaintiff had to pay the balance amount of sale consideration of Rs.7,00,000.00 (Rupees Seven Lakh) to the defendant(s) at the time of execution of the sale deed within 11 months from the date of agreement. As per the plaintiff, he was always ready and willing to pay the balance amount of sale consideration; however, the defendant(s) avoided to receive the amount and execute the sale deed on one pretext or the other. The plaintiff issued a legal notice dtd. 25/4/2003 calling upon the defendant(s) to execute the sale deed. However, despite the receipt of legal notice, the defendant(s) neither submitted any reply nor executed the sale deed, necessitating filing of the subject suit.