LAWS(APH)-2012-8-29

PADAM SATYANARAYANA Vs. RAVULA VARALAKSHMI

Decided On August 29, 2012
PADAM SATYANARAYANA Appellant
V/S
RAVULA VARALAKSHMI Respondents

JUDGEMENT

(1.) The defendant in O.S.No.14 of 1994 on the file of the court of Senior Civil Judge, Kovvur is the appellant herein.

(2.) The suit was one filed for specific performance of contract of sale contending inter alia that the defendant has entered into an agreement of sale on 17-12-1993 and first plaintiff paid an advance of Rs.1,15,000/- and the balance of Rs.10,000/- is agreed to be paid by 17-03-1994. In case of default, interest shall be paid @ 18%. After the said transaction, as there was an offer for higher price, the defendant has issued a notice on 18-12-1993 with false allegations for which a proper reply was given. Consequently, the suit was filed for specific performance.

(3.) The defendant has denied the sale transaction and claimed that the son-in- law of the first plaintiff took the defendant to the house of the first plaintiff on 17-12-1993 and asked the defendant to sign on blank stamped papers and due to fear and threat, he signed on the said papers. During the pendency of the suit, the relief of amendment for alterative relief of refund of money was filed and defendant contended that the said claim is barred by time.