K VIJAYA LAKSHMI Vs. G VENKATESWARA

JUDGEMENT

(1.) The defendant in O.S.No.59 of 2006 on the file of the Principal Senior Civil Judge, Rajahmundry, is the appellant. The respondent filed the suit, against the appellant, for specific performance of an agreement of sale, dated 20.11.2005. The respondent pleaded that the appellant agreed to sell the suit schedule property for consideration of Rs.3,90,000/- and that on the date of agreement, a sum of Rs.50,000/- was paid, as advance. It was also stated that the parties agreed to conclude the transaction by 20.01.2006 and that he paid a further sum of Rs. 1,00,000/- on 01.01.2006.

(2.) The respondent got issued a notice (Ex. A.2), on 04.02.2006, alleging that when he approached the appellant on 05.01.2006 and requested to furnish a copy of the link document with the object of preparing the sale deed, the appellant promised to furnish it after ten days, but she did not extend co-operation thereafter. He has also stated that he is ready and willing to perform his part of contract and requested the appellant to execute the sale deed by receiving balance of sale consideration. The appellant got issued a reply, marked as Ex. A.3, stating that the agreement stood cancelled and that the amount of Rs.50,000/- is forfeited. With these and other pleadings, the respondent prayed for specific performance of agreement of sale by stating that he is ready and willing to perform his part of contract.

(3.) The appellant filed a written statement, opposing the suit. According to her, time was the essence of the contract and that the respondent did not honour the same. According to her, the property was sold under distressful conditions, and on account of the non-payment of balance of consideration within the stipulated time, she had suffered a lot.