MAILWAR NARSAPPA Vs. B.SANGAMMA

JUDGEMENT

(1.) Heard both sides. On the previous dates of hearing as well as today, both the learned counsel have made submissions on the merits of the appeal itself as the decree, which is impugned in this appeal, is an ex parte decree.

(2.) Though this appeal is preferred by the defendants along with an application seeking condonation of delay viz., A.S.M.P.No.1921 of 2013, with consent of both the learned counsel, the appeal itself is being disposed of in order to save precious time of the parties and to curtail the litigation.

(3.) The plaintiff, who is respondent in this appeal, filed O.S.No.186 of 2007 before the Senior Civil Judge, Ranga Reddy District at Vikarabad, for specific performance of the suit agreement. It was alleged that defendant No.1 is the owner and possessor of agricultural land admeasuring Ac.3-17 guntas in S.No.54/E at Dowlapur Village. Defendant No.1 had offered to sell the said suit land to the plaintiff for a consideration of Rs.7,36,375/- at the rate of Rs.2,15,000/- per acre and in pursuance of the said offer the plaintiff accepted the same and paid an advance of Rs.1,10,000/- and the suit agreement, dated 06.09.2006, was executed. The parties had agreed that within one month of the said agreement, plaintiff would pay the balance amount and the defendants would execute and register the sale deed. The plaintiff alleges that he was ready and offered to pay the balance amount, but the defendants postponed the said execution and registration of the sale deed on some pretext or the other. Then the plaintiff got issued a legal notice, dated 04.10.2006, and filed the present suit.