D. SURYAKANTAM Vs. NAMBALLA RAMULU DIED

JUDGEMENT

(1.) The Appeal, under Sec. 96 of the Code of Civil Procedure [for short 'the C.P.C.'], is filed by the Appellant/Plaintiff challenging the Decree and Judgment, dtd. 30/9/2004, in O.S. No. 141 of 1989 passed by the learned II Additional Senior Civil Judge, Visakhapatnam [for short 'the trial Court']. The Respondent herein is the Defendant in the said Suit.

(2.) The Appellant/Plaintiff filed the Suit for specific performance against the Defendant to execute a registered sale deed in favour of the Plaintiff or her nominee at the Plaintiff's expenses on payment of balance sale price of Rs.2,33,100.00 in terms of the Agreement-of-Sale, dtd. 8/11/1985, and deliver possession, failing which to get the same registered through due process of law or in the alternative to refund advance sum of Rs.10,000.00 with interest @ 24% per annum thereon in a sum of Rs.8,000.00 till the date of Suit and also to pay a sum of Rs.2,25,100.00towards compensation for breach of contract, making a total of Rs.2,35,100.00 altogether with charge on the plaint schedule property, among other reliefs.

(3.) Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.