GULLIPALLI VENKATA SRIDEVI Vs. ATTA SATYANARAYANA MURTHY

JUDGEMENT

(1.) Plaintiff in the suit filed the above revision against the order dtd. 12/9/2022 in I.A.No.268 of 2022 in O.S.No.712 of 2015 on the file of IV Additional District Judge, Visakhapatnam.

(2.) Suit O.S.No.712 of 2015 was filed by plaintiff against the respondent herein and another person for specific performance of contract directing the defendants to execute a registered sale deed pursuant to agreement dtd. 6/12/2014 or alternatively for refund of an amount of Rs.22,10,000.00 with interest @24% per annum.

(3.) In the plaint, it was contended, interalia, that 1st defendant is the absolute owner of site admeasuring 435.6 square yards in S.No.132 of Chinagadili village; that 2nd defendant, builder entered into agreement dtd. 5/12/2011 with 1st defendant to construct multi-storeyed building with four floors; that suit schedule flat is one among said multistoreyed building flats; that 2nd defendant executed an unregistered agreement of sale dtd. 4/1/2012 in favour of plaintiff styling himself as vendor to alienate the plaint schedule flat to the plaintiff for Rs.28,00,000.00; that Xerox copy of development agreement dtd. 5/12/2011 was also handed over to plaintiff; that under the agreement of sale dtd. 4/1/2012, 2nd defendant agreed to sell suit schedule flat of 1550 square feet in the ground floor to the plaintiff for an amount of Rs.28,00,000.00 and received Rs.5,00,000.00 as detailed in the agreement as advance; that approval from the GVMC is obtained by defendants for making construction of multi-storeyed building; that some disputes arose between the defendants and there was delay in construction of building; that 1st defendant executed another document naming it as agreement of sale dtd. 6/12/2014 for the suit schedule property and received an amount of Rs.7,00,000.00 and agreed to sell the suit schedule flat for Rs.18,00,000.00; that both the defendants together completed the construction of suit schedule flat except some minor works like electrical wiring, painting etc.; that both the defendants apart from the amount stated supra, received Rs.1,40,000.00 under cheque No.283627 in the name of 2nd defendant's brother, Rs.2,10,000.00 in the name of Surya Enterprises with an undertaking with plaintiff and her father to deduct the said amount payable by plaintiff to defendants and they also received different amounts and in total, defendants received an amount of Rs.22,10,000.00 from the plaintiff; that plaintiff demanded both the defendants to received balance of Rs.5,90,000.00 and executed a registered sale deed, defendants postponed the same; that plaintiff got issued legal notice to defendants on 30/10/2015 and 4/11/2015 and hence, filed the suit for the reliefs stated supra.