P.KUPPARAJU Vs. A.THYAGARAJU

JUDGEMENT

(1.) The appellant filed O.S.No.34 of 2003 in the Court of the Additional Senior Civil Judge, Tirupati, for specific performance of agreement of sale, dated 31.07.2002, against the sole respondent herein. It was pleaded that a plot of 313 sq. yards described in the suit schedule was offered for sale by the respondent for a total consideration of Rs.4,66,500/- and on the date of agreement, advance of Rs.50,000/- was paid. According to the appellant, 30.10.2002 was the date fixed for execution of sale deed and for payment of balance sale consideration, but, the respondent did not fulfil his obligation to clear the intrusions on the northern side of the plot. It was also his case that in addition to the advance of Rs.50,000/-, he paid a further sum of Rs.25,000/- on 12.08.2002 and when he went to the house of the respondent twice before 30.10.2002, the latter was not available in the house. With these and other relevant pleas, he prayed for decree of specific performance of agreement of sale.

(2.) The respondent filed written statement and opposed the suit. He pleaded that the appellant entered into agreement only after verification of the title and the site on the spot, and still he did not turn up for registration of the sale deed on 30.10.2002. He stated that time being essence of contract, he was present in the office of the Sub-Registrar on 30.10.2002 and the appellant did not turn up. He got issued a notice on the same day marked for the same benefit.

(3.) The trial Court dismissed the suit through judgment dated 31.01.2007.