GANTI KAMESWARAMMA Vs. KORLAPU APPA RAO

JUDGEMENT

(1.) The appellant in the Second Appeal is the plaintiff in the suit. Aggrieved by the reversing Judgment made in A.S. No. 25/87 on the file of Subordinate Judge, Bhimavaram, which was preferred as against the Judgment and decree made in O.S. No. 496/79 on the file of Principal District Munsif, Parvathipuram, the present Appeal is preferred.

(2.) The case of the appellant/plaintiff is that the defendants in the suit agreed to sell the plaint schedule property for a sum of Rs.3600.00 and executed an agreement of sale on 14-5-1978 whereunder the appellant/plaintiff paid Rs.2000.00 and agreed to pay the balance of Rs.1600.00 at the time of registration and the time fixed for registration was two months and the appellant/plaintiff was put in possession of the suit schedule house immediately on the date of the said agreement of sale itself and the appellant/plaintiff has been ready and willing and demanding the defendants to perform their part of the contract and when the appellant/plaintiff was about to issue a registered notice calling upon the respondents/defendants to execute sale deed, they had issued a registered notice on 6-8-1979 to the effect the agreement of sale became time barred since the time is the essence of the contract.

(3.) The respondents/defendants admitted the execution of the said agreement of sale and also the receipt of Rs.2,000.00. It was also pleaded that the appellant/plaintiff was put in possession as a tenant long after the agreement of sale on payment of monthly rent of Rs.30.00 and that the appellant/plaintiff was never ready to perform her part of the contract within the stipulated time. It was also pleaded that the suit agreement of sale might have been altered subsequently without their knowledge and there was neither a stipulation or a condition relating to the possession of the said house.