THUMATI VENKATA SURESH BABU Vs. KAVURI MADHAVA RAO

JUDGEMENT

(1.) Challenging the order dated 16.07.2020 passed in I.A.No.146 of 2020 in O.S.No.31 of 2018 on the file of the Court of X Additional District & Special Sessions Judge, Krishna at Machilipatnam, this appeal has been filed by the appellant / plaintiff.

(2.) The appellant, who is the plaintiff has filed the suit in O.S.No.31 of 2018 for specific performance of agreement of sale dated 05.07.2011.

(3.) The case of the appellant / plaintiff is that late Kavuri Venkateswara Rao for the purpose of family needs offered to sell the suit schedule property to the plaintiff for a sum of Rs.20 lakhs and the plaintiff paid an amount of Rs.12 lakhs as advance on the same day itself and the balance amount has to be paid on or before 05.07.2013. On 03.07.2013 the petitioner has paid an amount of Rs.6 lakhs, out of Rs.8 lakhs. Later, the father of defendants died on 17.03.2014. Subsequently, when the defendants are evading to receive the balance of sale consideration, the plaintiff filed the suit.