PYDI RAMANA @ RAMULU Vs. DAVARASETTY MANMADHA 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 Judgement 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 ad measuring 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.