KASINATH PATEL Vs. RADHA BAI

JUDGEMENT

(1.) The appellant, assailing the judgment and decree dated 14-11-1994 passed by the Subordinate Judge, Bodhan, Nizamabad District, dismissing the suit O.S.No.35 of 1985, filed by him for specific performance of agreement of sale dated 5-5-1983, filed the present appeal.

(2.) The appellant is the plaintiff and the respondents are the defendants. For the sake of expediency, the parties are referred to as arrayed in the suit.

(3.) The brief case of the plaintiff, as pleaded by him in the plaint and the amended plaint is that plaintiff claims that defendant No.1 agreed to sell him an extent of Ac.10-34 guntas in Sy.No.47 and Ac.11-00 in Sy. No.135 of Kandharpalli village of Madnoor Taluk, for a sale consideration of Rs.48,000/-, and accordingly defendant No. 1 executed an agreement of sale dated 5-5-1983 in his favour, and pursuant thereto, he having paid an amount of Rs. 12,005/-, claims that defendant No.1 had also put him in possession of the said lands. Thereafter, he claims to have paid an amount of Rs. 10,201/- on 19-5-1983 and Rs.4,450/- on 2-8-1984 towards sale consideration, and in acknowledgement of which, defendant No.1 also passed on receipts. The plaintiff claims that he in all paid an amount of Rs.26,656/- to defendant No.1, and that though he is ready and willing to pay the balance sale consideration of Rs.21,344/-, in spite of repeated oral requests, defendant No.1 had not come forward to perform her part of the contract, and deferred the execution of the sale deed in his favour on one pretext or the other.