NALAMATHU VENKAIYA Vs. B S NEELKANTA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 1-10-1999 in O. S. No. 1046 of 1994 on the file the V Senior Civil Judge, City Civil Court, Hyderabad, whereby the learned Senior Civil Judge decreed the suit for specific performance of the agreement of sale D/- 3-6-1994.

(2.) THE unsuccessful defendant is the appellant herein and the respondent herein is the first plaintiff in the above suit. Though the second plaintiff arrayed as second respondent herein, her name was deleted from the record as per the order in CMP No. 16823 of 2001, dt/- 31-10-2001. During pendency of the appeal, since the original appellant died, his wfe was brought on record as his legal representative.

(3.) THE defendant resisting the suit filed his written statement while admitting the mode of acquisition of the suit schedule property, execution of the suit agreement of sale, and receipt of Rs. 18.00 lakhs by 3-6-1994 and exchange of notices, and while traversing the material allegations that Rs. 32.00 lakhs are to be paid by the end of June, 1994 on executing the power of attorney and other necessary papers to obtain permission for construction, alleged offer of the plaintiffs to pay Rs. 32.00 lakhs by the end of June 1994 and the demand, about refusal to receive the amount and execute power of attorney, that the plaintiffs are ready and willing to perform their part of the contract, contending as follows :