YELLAPU ATCHAYYAMMA Vs. KARRI RAMU

JUDGEMENT

(1.) THE defendants in O.S.No.243 of 1998 on the file of the Court of IV Additional Senior Civil Judge, Visakhapatnam, are the appellants herein. The suit was filed for specific performance of contract of sale alleging that that the defendants have agreed to sell the property to an extent of 250 square yards at the rate of Rs.2,000/- per square yard with old house and an agreement was entered on 18.06.1997. The defendants have received a sum of Rs.50,000/- and the Urban Land Ceiling (ULC) certificate and other certificates have to be obtained by the end of August 1997 and regular sale deed is to be executed by the end of October 1997. According to the terms of the sale agreement, a sum of Rs.50,000/- was paid on 27.08.1997. The defendants have failed to take necessary permissions and there was also a deficiency in the measurements and the defendants have not cooperated and actual measurements of the extent of property came to only 224 square yards. As such the plaintiffs filed the suit for specific performance of contract after giving notice.

(2.) THE defendants contended that the extent of the property is more than 250 square yards and as per the agreement, the property was surveyed in the presence of the plaintiffs. The certificate of ULC authorities was received and the defendants demanded for payment of the balance of consideration, but the plaintiffs did not cooperate. The suit is, therefore, not maintainable and the plaintiffs have to pay the value of 270 square yards. Consequently, they pleaded for dismissal of the suit.

(3.) BEFORE considering the contention, it is to be noted that the suit was filed on 18.03.1998. The agreement of sale is said to be dated 18.06.1997. As can be seen from the judgment of the trial Court in para No.8, the trial Court has directed the plaintiffs to deposit the sale price into the Court and for that, the plaintiff submitted a lodgement schedule on 09.08.2000 but failed to deposit said amount in the Court. In fact, the trial Court has also taken into consideration that as per the contract, if the sale deed is not executed before October 1997, the plaintiffs shall pay the balance amount with interest at 24% per annum till the date of registration and for if any reason, if the defendants failed to execute the sale deed, the amount shall be returned with 24% per annum interest. It is to be noted that though the contract is for sale of 250 square yards, the plaintiffs, on their own accord, claimed that the site was only 224 square yards after measurement and consequently, suit for specific performance of the part of the contract and not the original contract. The judgment of the appellate Court was delivered on 26.12.2007 but as can be seen from the memo filed in the Court, a sum of Rs.2,98,000/- was deposited on 04.02.2008 i.e., within a period of three months after the judgment of the first appellate Court.