GOLIVI RAMANAMMA Vs. CHALLA LAKSHMI

JUDGEMENT

(1.) The plaintiff in the suit filed the above revision against the order dtd. 14/3/2024 in I.A.No.628 of 2023 in O.S.No.60 of 2016 on the file of the Judge, Family Court-cum-III Additional District Judge, Srikakulam.

(2.) Plaintiff filed the suit O.S.No.60of 2016 seeking specific performance of agreement of sale dtd. 12/8/2015, against the sole defendant.

(3.) Facts, in the plaint, in brief, are that an agreement of sale was entered into on 12/8/2015 between the plaintiff and defendant for a sale consideration of Rs.19,30,000.00. At the time of the agreement of sale, the plaintiff paid an amount of Rs.2,00,000.00 as advance and the balance sale consideration has to be paid on or before December 2015. The defendant approached the plaintiff and requested to arrange some sale consideration amount and the plaintiff paid Rs.2,50,000.00 through her husband on 25/9/2015 and the defendant passed on a receipt, which was scribed by her husband. On 23/1/2016, the defendant received an amount of Rs.1,50,000.00 from the plaintiff's husband and passed a receipt in the presence of witnesses. The said receipt was scribed by the defendant's husband. Thus, the defendant received a total amount of Rs.6,00,000.00 from the plaintiff. The defendant failed to perform her part of the contract and hence, the plaintiff issued a legal notice dtd. 4/3/2016, for which the defendant issued a reply notice on 26/3/2016. Hence, the suit.