RAMANU ALIAS RAMULU Vs. DAVARASETTY MUNMADHA RAO

JUDGEMENT

(1.) The judgment of the learned II Additional District Judge-cum-Fast Track Court, Srikakulam in A.S. No. 39/2004 dated 16-10-2008, reversing the judgment of the learned II Additional Junior Civil Judge, Srikakulam in O.S. No. 226/98 and decreeing the suit for specific performance of agreement of sale in favour of the Respondent/Plaintiff is questioned in this Second Appeal.

(2.) For convenience, the parties are referred as they are arrayed in the suit and the courts below are referred as "trial court " and "lower appellate court " respectively.

(3.) The Defendant executed an agreement of sale on 7-6-1993 whereby he has agreed to sell land approximately admeasuring Ac. 1-38 cents (hereinafter referred as "suit schedule property ") for a total sale consideration of Rs. 97,290/-. The Plaintiff allegedly paid an amount of Rs. 2005/- as advance sale consideration and the Defendant agreed to register the suit schedule property in favour of the Plaintiff on or before 6-6-1994 after getting the same surveyed with reference to the Field Measurement Book by a qualified Surveyor. It is the Plaintiff's case that he has paid a further sum of Rs. 17,000/- in addition to the initial payment of Rs. 2005/- on 23-6-1993 and that as the Defendant neither got the land measured as agreed under the agreement of sale nor registered the sale deed, he has got issued a registered legal notice on 30-5-1996. As there was no response from the Defendant, the Plaintiff filed O.S. No. 226/98 for specific performance of the agreement of sale or in the alternative for the relief of refund of part sale consideration of Rs. 19,005/- with interest.