G. VENKATASWAMY Vs. KURRU KONDAIAH

JUDGEMENT

(1.) This Second Appeal arises out of the judgment and decree, 28.07.2008, in A.S. No. 16 of 2007 on the file of the learned Senior Civil Judge, Markapur, whereby he has partly reversed the judgment and decree, dated 05.07.2007, in O.S. No. 95 of 1999 on the file of the learned Junior Civil Judge, Markapur.

(2.) The appellant filed the above-noted suit against the respondent for a direction to execute the registered reconveyance sale deed in his favour after receiving the debt amount of Rs. 57,600/-; for permanent injunction restraining the respondent and his men from interfering with his peaceful possession and enjoyment of the suit schedule property; and for payment of the suit costs.

(3.) The case of the appellant is that he borrowed an amount of Rs. 40,000/- from the respondent on 09.06.1997 agreeing to repay the same with interest at the rate of 12% per annum; that on the same day, the appellant executed registered sale deed in favour of the respondent as security for due payment of the debt; and that the respondent also executed an agreement in favour of the appellant to reconvey the suit schedule property to the appellant, if the latter repays the debt amount with interest within 18 months from the date of the said agreement. The appellant pleaded that he was ready and willing to perform his part of the contract, but the respondent failed to receive the debt amount and execute the reconveyance deed, despite his issuing legal notice and sending mediators requesting the respondent to execute the reconveyance deed. Therefore, the appellant filed the suit.