MASSARATH YASMEEN Vs. MOHAMMED AZEEMUDDIN

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 08-12-2010 passed by the Senior Civil Judge, Bodhan, Nizamabad district, in I.A.No. 360 of 2010 in OS.No.67 of 2008.

(2.) THE defendant in the suit is the petitioner. THE plaintiff-respondent filed the suit against the Revision Petitioner-defendant for specific performance of agreement of sale dated 15-1-2008 in respect of an open plot measuring 240 sq.yards. Under the agreement of sale, the revision petitioner agreed to purchase the property for an amount of Rs.3,20,000/- and paid an amount of Rs.48,000/- as advance and agreed to pay the remaining amount within a period of two months. According to the revision petitioner, the respondent subsequently addressed a letter expressing his inability to purchase the plaint schedule plot and permitting him to sell away the open plot to third party and pay the earnest money back to him. It is said that after receiving the letter, the revision petitioner sold part of the suit plot bearing Nos. 43 and 44 of an extent of 240 sq.yards to one Md. Sarwar resident of Nizamabad and executed a registered sale deed in his favour. Subsequent to the said sale the plaintiff filed the suit for specific performance of contract in terms of the agreement of sale, dated 15-1-2008.

(3.) HEARD Sri M.Subba Reddy, the learned counsel for the revision petitioner and Sri M. Rajamalla Reddy, the learned counsel for the respondents.