VONTEDDU CHINNA VENKATA KRISHNA REDDY Vs. BELLE LAKSHMANNA

JUDGEMENT

(1.) Aggrieved by the judgment dtd. 18/1/2018 in O.S.No.36/2009 passed by learned District Judge, Anantapuram dismissing the suit for specific performance of agreement to sell dtd. 1/2/2009, the 1st plaintiff out of 4 plaintiffs filed the instant appeal.

(2.) The factual matrix of the case is thus:

(3.) The 3rd defendant filed written statement opposing the suit and defendants 1, 2, 5 to 9 adopted the same. It is contended that the plaintiffs were never ready and willing to pay the balance sale consideration to obtain registration. The allegation that there was a division of the suit schedule property among the plaintiffs was not known to the defendants and such a condition was not mentioned in Ex.A1- agreement to sell. Even the advance amount was not paid in full but only Rs.9.00 lakhs was paid in cash and for the balance of Rs.1.00 lakh cheuqe bearing No.005876515013002 was issued and the same was dishonored for lack of funds in the account of plaintiffs. So far as the pendency of the appeal is concerned, plaintiffs were well aware of the pendency of the litigation regarding the suit schedule property and that cannot be a ground to question the defendants. Further contention of the plaintiffs that despite the notices the defendants were not willing to receive the balance sale consideration is false. Upon receiving notice dtd. 4/7/2009 issued by the plaintiffs on 9/7/2009 the defendants gave a reply notice dtd. 13/7/2009 whereunder the defendants intimated plaintiffs to pay the balance of sale consideration and get registered sale deed on 27/7/2009 but the plaintiffs failed to do so which establishes that the plaintiffs were not ready and willing to perform their part of the contract. The defendants contended that the suit is not maintainable as the plaintiffs themselves willfully avoided the performance of the contract.