SAKAMURI SIVARAM BABU Vs. PARASA SUNJAN RAJU

JUDGEMENT

(1.) The plaintff appellants preferred this miscellaneous appeal against the order dated 24-9-91 of the Subordinate Judge Guntur returning the plaint in CFR No. 11515 of 91 (Unnumbered Original Suit) with a direction to deposit the balance sale consideration for purposes of entertaining the suit for specific performance of the agreement of sale.

(2.) The brief facts relevant for the present purpose are : On 10-12-90 the defendant respondent executed an agreement of sale in respect of plaint 'A' schedule properties in favour of the plaintiffs for a total consideration of Rs.6,40,000/ and received on the very same day an amount of Rs. 50,000/- (Rs. 25,000/- in cash and the balance of Rs. 25,000/- through cheque) towards advance purchse money agreeing to execute the regular sale deed in the names of the plaintiffs or their nominees. Subsequently the plaintiffs also paid Rs. 90,000/- on 22-12-90 and Rs. 20,000/-on 20-4-91, They also made arrangements for payment of the balance through the Life Insurance Corporation of India and that in fact the LIC had sanctioned a loan of Rs. 3,10,000/- to the 1st plaintiff and Rs. 1,70,000/- to the 2nd plaintiff. Inasmuch as the defendant was not co operating with the plaintiffs in the execution of the regular sale deed they were forced to issue a registered notice on 12-7-91 and ultimately file the present suit for specific performance of the agreement of sale.

(3.) The plaint was filed with the requisite stamps representing Court fee and after complying with the other formalities. However the Court below through the orders under appeal returned the plaint with a direction to the plaintiffs to deposit the balance of sale consideration. Hence this miscellaneous appeal assailing the said order.