NANDAGIRI GODAVARI Vs. KANUGANTI SUDERSHAN

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated18-01-2011 passed in AS.No. 65 of 2009 by the VIII Additional District Judge, Nizamabad, reversing the judgment and decree dated 27-07-2009 passed by the Senior Civil Judge, Nizamabad, whereby and whereunder the suit filed by the plaintiff was dismissed with costs, directing the defendants to refund the advance amount of Rs.99,000/- received by them to the plaintiff with interest @ 12% p.a. from the date of suit till the date of decree and 6% p.a. from the date of decree till realization.

(2.) HEARD the learned counsel appearing for the parties in the second appeal. The second appeal itself is taken-up for disposal at the stage of admission.

(3.) THE contention of the plaintiff is that several times he approached the defendants and informed that he had kept the amount ready, requested to receive the same and pass a joint receipt and also to execute a regular registered sale deed in respect of the suit schedule plots. According to the plaintiff, the defendants were evading to receive the amount on one pretext or the other and ultimately issued a legal notice on 23-05-2003 stating that they repudiated the agreement for not paying the balance of sale consideration by the end of March, 2003. THEy also mentioned in the said legal notice that they forfeited the amount of Rs.99,000=00 paid by the plaintiff as advance.