G NARAYANA SHETTY Vs. V BALANARASIMULU SHETTY

JUDGEMENT

(1.) This is an appeal filed unsuccessful plaintiff in O.S.No.29 of 1982 on the file of the Additional Subordinate Judge, Tirupati. For the sake of convenience the parties are referred to as arrayed in the suit.

(2.) The plaintiff filed the suit pleading that he entered into an agreement of sale on 20-8-1980 for purchase of plot No.29 Sri Venkataramana Layout of Tirupati for a consideration of Rs.28,400.00. On the date of agreement he paid an amount of Rs.10,000.00. There after he paid rs.1,000.00 on 18-10-1980 and Rs.10,000/- on 5-11-1980. The plaintiff offered to pay the balance of Rs.7,400.00 to the 1st defendant and requested him to execute a sale deed. However since the 1st defendant was dodging the matter, he got issued a legal notice dated 6-8-1981 calling upon the 1st defendant to receive the balance of consideration and execute the sale deed.

(3.) The 1st defendant in turn got issued a reply dated 20-8-1981 wherein he admitted the execution of agreement of sale, but took the plea that since the balance of consideration has not paid within two months the advance of Rs.10,000/- stood forfeited. In the reply 1st defendant admitted receipt of Rs.1000/- on 18-10-1980 and Rs.5000.00 on 5-11-1980 but pleaded that the said amount was not treated the payment of balance of consideration but towards a hand loan. There after the plaintiff has also received another notice dated 21-8-1981 said to have been issued through one V. Muniswami Chetty and his three sons claiming that they have claim of interest in the property and the 1st defendant is not entitled to sell the same.