LAWS(APH)-2014-6-161

TAMMISETTI NAGESWARA RAO Vs. DARSI RADHAKRISHNA MURTHY

Decided On June 12, 2014
Tammisetti Nageswara Rao Appellant
V/S
Darsi Radhakrishna Murthy Respondents

JUDGEMENT

(1.) THE defendants in O.S. No. 63 of 2001 on the file of the Court of Senior Civil Judge, Bapatla, filed this Second Appeal, feeling aggrieved by the decree dated 15 -07 -2009, passed in that suit and affirmed by the Court of VI Additional District Judge (Fast Tract Court), Guntur, in A.S. No. 40 of 2011, dated 14 -03 -2013.

(2.) FOR the sake of convenience, the parties are referred to, as arrayed in the suit.

(3.) THE plaintiff further pleaded that though he was ready and willing to perform his part of the contract, the defendants refused to receive the consideration and to execute the sale deed. He has also pleaded that there is no obligation to pay interest at 24% per annum, since the breach was on the part of the defendants. Reference was made to the legal notice dated 06 -06 -2001. It was also pleaded that the property was mortgaged to the 3rd defendant (2nd respondent), despite the existence of the agreement of sale.