THRIVEEDHI CHANNAIAH Vs. GUDIPUDI VENKATA SUBBA RAO

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dated 22.07.2005 passed by a learned Single Judge of the High Court of Judicature at Andhra Pradesh in First Appeal No. 2692 of 1988 whereby and whereunder the appeal preferred by the respondents herein from a judgment and decree dated 28.11.1998 passed by the Additional Subordinate Judge, Guntur in O.S. No. 258 of 1984 decreeing the suit for specific performance of an agreement of sale dated 19.07.1981 was allowed.

(3.) The basic fact of the matter is not in dispute. An Agreement of Sale was entered into by and between the parties on 19.07.1981, in terms whereof the respondent offered to sell the suit property admeasuring 2.96 cents out of 11.82 cents for Rs. 44,000.00 per acre in D. No. 140 situate at Agatavareppadu Village in the District of Guntur. Appellant advanced a sum of Rs. 50,000.00 towards part payment of the said consideration. The balance amount of consideration was to be paid on or before 25.02.1982 whereupon a regular sale deed was to be executed. On the said date, however, another agreement was entered into by the parties in terms whereof it was agreed that on default of the appellant to pay the balance of sale consideration on or before 25.02.1982, the said amount of advance shall be forfeited.