ATLURI PRABHAKARA RAO Vs. CHALASANI KRISHNA KUMARI

JUDGEMENT

(1.) The unsuccessful plaintiff in Original Suit No.25 of 1989, on the file of the Court of Principal Subordinate Judge (Now, Senior Civil Judge), Vijayawada, Krishna District (For short, the 'trial Court') preferred this Appeal against the decree and judgment dated 30.04.1994.

(2.) For convenience of reference, the ranks given to the parties in O.S. No.25 of 1989 will be adopted throughout this judgment.

(3.) The plaintiff filed the Suit for specific performance of conditional agreement of sale dated 15.11.1987 (Ex.A-1), seeking a direction against the defendant to execute registered sale deed in favour of the plaintiff or his nominee, after complying all formalities, as per the terms and conditions of conditional agreement of sale and, in case, the defendant failed to execute registered sale deed, sought permission to obtain registered sale deed through process of the Court, including liquidated damages of Rs.30,000.00 for breach of contract, alleging that the defendant approached the plaintiff for financial assistance for construction of a building in vacant site purchased near V.B.M. College, Vijayawada, requested him to advance an amount of Rs.60,000.00 and after due deliberations, plaintiff and defendant came to an understanding, in pursuance to the understanding, both of them entered into a conditional agreement of sale dated 15.11.1987, for sale of the schedule property; accordingly, the plaintiff advanced a sum of Rs.50,000.00 to the defendant on the even date and defendant undertook to repay the said amount with compound interest at the rate of 18% p.a. with yearly rests, within nine months from the date of agreement i.e., by 15.08.1988. It is further agreed that, in the event, the defendant failed to pay the amount as agreed, shall execute registered sale deed in favour of the plaintiff or his nominee treating the amount of Rs.50,000.00 paid on 15.11.1987, as advance of sale consideration, execute registered sale deed receiving balance of sale consideration of Rs.70,000.00. Thus, the total consideration agreed under the agreement is Rs.1,20,000.00. Both the parties agreed that the time is essence of the contract. Despite the demands made by the plaintiff for repayment of amount received by her, she failed to repay the same, thereupon the plaintiff demanded the defendant to receive balance sale consideration of Rs.70,000.00 and execute registered sale deed, but she failed to comply the legitimate demand.