LAKSHMAMMA Vs. RATHINAMMA

JUDGEMENT

(1.) The Defendant, who was successful in the trial Court and lost in the 1st Appellate Court is the Appellant.

(2.) The Respondent/Plaintiff filed a suit for specific performance of an agreement of sale, dated 30.05.1994 executed by the Appellant/Defendant in favour of the Respondent/Plaintiff.

(3.) The specific case of the Respondent/Plaintiff was that the suit property belongs to the Appellant/Defendant and on 30.05.1994, the Appellant/Defendant agreed to sell the suit property for a consideration of Rs. 70,000/- and a sum of Rs. 60,000/- was paid as advance and an agreement of sale was also executed on the same day wherein the payment of advance was also mentioned and the Defendant agreed to execute a sale deed on receipt of the balance sale consideration from the Respondent/Plaintiff and a period of three years was fixed in the agreement of sale and the Respondent/Plaintiff offered to pay the amount and called upon the Defendant/Appellant to come and execute the sale deed by receiving the balance sale consideration and as the Appellant/Defendant refused to execute the sale deed, a notice was sent on 05.05.1995 by the Respondent/Plaintiff to the Defendant and even after the receipt of the said notice, the Appellant/Defendant did not come forward to execute the sale deed, the suit was filed for specific performance of an agreement of sale, dated 30.05.1994.