BASHEERUNNISA AND OTHER Vs. J.H. LAKSHMANA REDDY

JUDGEMENT

(1.) The defendant filed the present Civil Revision Petition against the order dated 28.07.2018 made in O.S.No.61/2017 answering issue No.5 (wrongly shown in the impugned order as issue No.4) in the negative holding that the suit is filed within three years from the date of agreement, is not premature.

(2.) The respondent/plaintiff filed suit in O.S.No. 61/2017 for specific performance to enforce the agreement of sale dated 30.05.2014 executed by the defendants in favour of the plaintiff and in the alternative for refund of advance amount of Rs. 2 lakhs paid by the plaintiff to the defendants with interest at 24% per annum contending that the defendants being the owners of the residential RCC house, executed an agreement of sale on 30.05.2014 agreeing to alienate the schedule property for sale consideration of Rs. 2.2 lakhs. On the date of the agreement, plaintiff paid Rs. 2 lakhs as advance to the defendants and got executed the registered sale agreement. The remaining amount of Rs. 20,000/- was agreed to be paid within three years from the date of agreement. Inspite of the repeated requests made by the plaintiff, defendants failed to perform their part of the contract. Therefore, plaintiff issued legal notice dated 14.03.2017, through registered post and the same was duly served. The defendants issued reply alleging several false statements. Till today, defendants neither executed the registered sale deed nor handed over the physical possession of the schedule property in favour of the plaintiff. Therefore, the plaintiff filed the suit.

(3.) The defendants/ present petitioners filed written statement, denied the plaint averments. It is contended that as per the version of the plaintiff, defendants have executed agreement of sale on 30.05.2014 and as per the recitals of the agreement, the period for the act is three years. When there is a condition imposed in the document, the plaintiff ought to have made for lifting the conditions and when he will proceed with the matter. As per the conditions imposed in the document, the suit is premature and therefore, sought for dismissal of the suit.