LAXMI DEVI Vs. IFTEKHARUNNISA BEGUM

JUDGEMENT

(1.) JUDGMENT :The unsuccessful plaintiff has preferred the present appeal against the judgment and decree dated 4-11-1991 in O.S.No.119 of 1984 passed by the learned Additional Chief Judge, City Civil Court, Hyderabad.

(2.) The respondent herein is the defendant in the suit. The plaintiff filed the suit seeking the relief of specific performance of the contract of sale dated 10-9-1978. The factual matrix is expedient to be set forth at the outset:

(3.) It is the case of the plaintiff, inter alia, in the plaint that the defendant having agreed to sell the premises bearing Municipal No.21-7-600 together with the appurtenant open land more fully described in the Schedule appended to the plaint executed a sale agreement on 10-9-1978 for a consideration of Rs.30,000/- and received an amount of Rs.5,000/- as earnest money and passed a separate receipt of even date. The property covered by the said agreement was subject matter of litigation since 1975 in between the defendant and one Malkaiah, inasmuch as the defendant had transferred the said property under a registered sale deed dated 24-4-1971 in favour of the said Malkaiah with a condition of re-conveyance of the same and as the said Malkaiah refused to transfer the property pursuant to the said covenant, and in connection therewith the defendant filed a suit which ultimately ended in the Supreme Court. It was agreed, inter alia, in the agreement between the plaintiff and the defendant that the plaintiff should pay the balance of sale consideration of Rs.25,000/- at the time of execution of the sale deed and the sale deed was to be executed and registered within one month of re-conveyance of the property by the said Malkaiah in favour of the defendant. The plaintiff was then in possession of the suit house as tenant under the said Malkaiah, and, therefore, it was agreed upon not to evict the plaintiff through Court in execution of the decree obtained by the defendant against the said Malkaiah and also to deliver possession of the appurtenant open land by the defendant to the plaintiff after taking possession of the same from the said Malkaiah.