PATABANDULA PRABHAVATHI Vs. KATRAGADDA CHANDRA SEKHAR SEKHAR BABU

JUDGEMENT

(1.) The Appeal, under Sec. 96 of the Code of Civil Procedure, 1908, is filed by the Appellants/Defendants challenging the decree and Judgment dtd. 28/3/2011 in O.S.No.43 of 2007 passed by the Judge, Family Courtcum-Additional District Judge, Ongole (for short, 'trial court').

(2.) The parties will hereinafter be referred to as arrayed before the trial court.

(3.) The Plaintiff claims that the defendants are the owners of the plaint schedule property. The Plaintiff purchased the same on 1/11/2006 at the rate of Rs.1,65,000.00 per acre. The Plaintiff paid Rs.2,00,000.00 to the Defendants, for which the Defendants executed an agreement of sale in favour of the Plaintiff, and the Defendants agreed to execute the sale deed within two months. In the meantime, they will get the land measured; as per the measurements, the prorated amount will be received, and they will execute the registered sale deed; it was also mentioned that if payment of the balance is delayed beyond two months, the advance will be forfeited and the contract will be cancelled. The Plaintiff is ready and willing to perform his part of the contract, and even now, the Plaintiff is ready to deposit the balance of the sale consideration. Still, the Defendants are not ready to perform their part of the contract. After that, there was an exchange of notices between both parties.