VALLEPU ANKAMMA Vs. PALLAPU KONDAIAH

JUDGEMENT

(1.) The appellant herein filed O.S.No.72 of 2004 in the Court of the Principal Junior Civil Judge, Chilakaluripet, against the respondents, for the relief of specific performance of agreement of sale, dated 03.04.2001. It was pleaded that the respondents approached the appellant, with a proposal to sell an extent of Ac.1.00 of agricultural land, for a consideration of Rs.55,860/-, and on 03.04.2001, an agreement of sale (Ex.A.1) was executed, by advancing a sum of Rs.51,400/-. According to him, though the balance of consideration of Rs.4,400/- was to be paid by the end of April, 2001 and the sale deed was to be executed, the respondents did not evince any interest, inspite of repeated demands. It is stated that left with no alternative, the appellant got issued a notice, dated 26.03.2004 (Ex.A.5), and thereafter, the suit was filed.

(2.) The respondents filed a written statement, opposing the suit. Their case is that they have approached the appellant for financial assistance and taking advantage of the same, he brought into existence Ex.A.1. They have raised the plea that even otherwise, the appellant was not ready and willing to perform his part of contract.

(3.) The trial Court decreed the suit, through its judgment, dated 30.11.2007. Feeling aggrieved by the same, the respondents filed A.S.No.57 of 2010 in the Court of the XIII Additional District Judge, Narasaraopet. Through its judgment, dated 20.07.2011, the lower appellate Court modified the decree to be the one for refund of the amount covered by Ex.A.1 with interest at 6% per annum. Hence, this Second Appeal.