DONEPUDI RAJA RAO Vs. POTLURI PURNAN AND RAO

JUDGEMENT

(1.) PLAINTIFF of an original suit bearing O.S.No.266/2000, which was pending on the file of the Court of Addl . Civil Judge (Jr.Dn.) , Gangavathi is before this Court.

(2.) SUIT f i led for the relief of specif ic performance of contract based on an agreement of sale stated to have been executed in his favour by the 1st defendant on 16.03.1993 has been dismissed after contest. Against the said judgment and decree, an appeal came to be filed under Section 96 of CPC in R.A.No.43/2006 before the Court of Senior Civi l Judge, Gangavathi. The said appeal has also been dismissed after context. Concurrent f indings are called before this Court on various grounds as set out in the appeal memo.

(3.) LEARNED Counsel for the appellant has submitted his arguments contending that both the Courts have committed serious error in holding that the agreement of sale in question is not proved in accordance with law. It is argued that time is not the essence of contract in cases relating to immovable properties. It is argued that three years wi l l have to be reckoned from the date on which the defendant refused to perform his part of contract. It is argued that both the Courts have concurrently erred in assessing the material evidence on record and have come to a wrong conclusion. According to the learned Counsel for the appellant, both the Courts have adopted a wrong approach to the real state of affairs.