AZIZUNNISA BEGUM Vs. PREMLATA GUPTA

JUDGEMENT

(1.) This is the appeal by the plaintiffs in O.S.No. 1333 of 1985 on the file of the Court of the IV Additional Judge, City Civil Court, Hyderabad, dismissing their suit for specific performance. The suit was originally filed by the 1st plaintiff against the 1st defendant. After their deaths their legal representatives were brought on record as plaintiffs and defendants. For the sake of convenience the parties would herein after be referred to as they are arrayed in the trial Court.

(2.) The case of the 1st plaintiff is that he, who is the tenant of the plaint schedule property belonging to the 1st defendant, entered into an oral agreement to purchase the same for Rs. 50,000.00 and paid an advance of Rs. 10,000.00, the receipt whereof is acknowledged under the receipt dated 24-04-1972 by the 1st defendant. It was formally agreed that the sale transaction should be completed within one year from 24-04-1972, i.e., the date of receipt of Rs. 10,000/-. But, in view of the coming into force of A.P. Land Urban Area (Prohibition of Alienation) Act, 1972 (1972 Act) and the Urban Land (Ceiling and Regulation) Act, 1976, (1976 Act) it became necessary for the 1st defendant to obtain permission from the concerned authorities to complete the transaction of sale as per the agreement. But inspite of requests 1st defendant is not taking steps to obtain necessary permission from the concerned authorities. Hence, the suit for specific performance of the agreement of sale after directing the 1st defendant to obtain necessary permissions from the concerned authorities under the 1976 Act.

(3.) The suit is resisted by the 1st defendant on the various grounds, including the ground of limitation.