D VIJAYALAKSHMI Vs. T K VIJAY KUMAR

JUDGEMENT

(1.) The plaintiff in O.S.No.1203 of 1996 on the file of the II Senior Civil Judge, City Civil Court, Hyderabad, is the appellant. She filed the suit against the respondent for specific performance of an agreement of sale dated 01.09.1993. It was pleaded that the respondent, who is the owner of the suit schedule plot, offered to sell it to the husband of the appellant, for a sum of Rs.97,500/- and that an agreement was executed on 01.09.1993, entire consideration has been paid, and that the possession of the plot was delivered on the date of agreement itself.

(2.) According to the terms of agreement, the respondent was under obligation to procure the clearance from the authorities under the Urban Land (Ceiling and Regulation) Act (for short 'the Act'), within four months. In the event of his failure to do so, the husband of the appellant was entitled to procure the same, by deducting a sum of Rs.2,000/-, from the consideration. Link documents were also said to have been delivered. The husband of the appellant is said to have died on 01.09.1993. Thereafter, she got issued a legal notice dated 27.08.1996, calling upon the respondent to execute the sale deed. A reply was issued by the respondent, denying the execution of agreement of sale. According to him, the husband of the appellant gave an amount of Rs.67,000/- to one Mr.A.C.Krishnaiah and that as a security for repayment of the amount together with interest, the document was obtained. Stating that the version of the respondent is not correct and that he is under obligation to execute the sale deed, the respondent filed the suit.

(3.) The respondent filed a written statement reiterating the contents of the reply got issued by him.