G VISWANADHARAJU Vs. A VENKATA NARAYANAMMA

JUDGEMENT

(1.) Both the appeals arise out of a common judgment in OS. No. 1315 of 1994 and 1510 of 1997 on the file of v. Senior Civil Judge, City Civil Court, Hyderabad. CCCA No. 51 of 2003 was filed against the judgment in OS No. 1510 of 1997 and CCCA No. 68 of 2003 was filed against judgment in OS No. 1315 of 1994.

(2.) The allegations in the plaint go to show that originally, the Plaintiff is owner of the house bearing No. 334/L2 situated at Sanjeevareddy Nagar Colony, Hyderabad, and it was said to have been given on a development agreement to the Defendant and the General Power of Attorney (for short, "GPA") was given on 21.2.1992 for construction and sale of the flats and other required acts. Accordingly, as per the terms of the development agreement, the Defendant agreed to pay Rs. 2,50,000/- in cash and allotted a flat with a minimum of 500 square feet carpet area, worth of Rs. 2,00,000/-. On the date of agreement, a sum of Rs. 50,000/ - was paid and the balance has to be paid on or before May, 1993. The flat also has to be delivered by that date, but somehow on 24.4.1994 only the flat could be delivered. The Defendant has not paid the money inspite of the demands and hence the suit, which was filed in the month of October, 1994.

(3.) The Defendant filed a written statement, admitting the GPA, dated 21.2.1992. The other allegations were denied. The filing of the suit for recovery of Jhe amount is baseless. Thd Defendant claims that he will file a detailed additional written statement subsequently.