ABDUL JALEEL Vs. DENYL WINSTON FERRIES

JUDGEMENT

(1.) The legal representatives of the sole plaintiff in O.S. No. 520 of 1983 on the file of the Additional Subordinate Judge, Ranga Reddy District, are the appellants. For the sake of convenience, the parties are referred to, as arrayed in the suit.

(2.) The suit was filed for the relief of specific performance of an Agreement of Sale, dated 07.12.1979. The 1st defendant (for short 'the defendant') in the suit i.e., the 1st respondent herein, agreed to sell an extent of Acs. 12.35 guntas of land in Survey Nos. 14 to 16 of Sikenderguda Village of Rajendranagar Taluk, R.R. District, for a sum of Rs. 39,000/-. On the date of the agreement, advance of Rs. 2,000/- was paid, and thereafter, a sum of Rs. 5,000/- is said to have been paid to the wife of the defendant. Alleging that the defendant is not executing a sale deed in spite of repeated demands, the plaintiff got issued a notice. Thereupon, the defendant got issued a reply, stating that after the agreement was entered into, the provisions of the Urban Land (Ceiling And Regulation) Act, 1976 (for short 'the Act') were extended to Sikenderguda village, and that he submitted an application to the competent authority for permission, as required under the Act. The permission is said to have been denied and, accordingly, he expressed inability to execute the sale deed. Not satisfied with that reply, the plaintiff filed the suit.

(3.) The defendant opposed the suit, by filing a written statement. He did not dispute the execution of the Agreement of Sale. However, he pleaded that on account of the extension of the provisions of the Act to Sikenderguda village, he is incapacitated from executing the sale deed. Other grounds were also pleaded.