MANIGANDLA RADHAKRISHNA MURTHY Vs. DHAVALESWARAPU JANIKAMMA

JUDGEMENT

(1.) This second appeal is filed by the plaintiff in O.S. No. 224 of 2000 on the file of the Junior Civil Judge, Macherla. The suit was filed against the respondent for the relief of specific performance of an agreement of sale, dated 07.02.1994. The trial Court decreed the suit, through judgment, dated 15.06.2005. Aggrieved by that, the respondent filed A.S. No. 41 of 2005 in the Court of Senior Civil Judge, Gurajala. The lower Appellate Court allowed the appeal, through judgment, dated 10.08.2008. Hence, this second appeal. The case of the appellant was that the respondent agreed to sell the suit schedule property for a sum of Rs. 80,000/- and on the date of agreement i.e. 07.02.1994, a sum of Rs. 60,000/- was paid. It was stated that the balance of the consideration of Rs. 20,000/- was required to be paid by 06.02.1996 and that the respondent must execute a sale deed. He complained that in spite of repeated demands, the respondent did not receive the balance of consideration and execute the sale deed.

(2.) The suit was opposed by the respondent by filing the written statement. She pleaded that the agreement of sale was executed only as a measure of security for repayment of Rs. 60,000/-, which was lent to her by the appellant at the exorbitant rate of interest of 30%, per annum. She pleaded that she went on paying a sum of Rs. 1,500/-, per month, for a period of 5 1/2 years and she was unable to continue the payment after the death of her son. The plea of limitation was also raised.

(3.) As observed earlier, the trial Court decreed the suit, but the lower Appellate Court reversed the decree.