RATANLAL JAIN Vs. MISSU KUTUBUDDIN NASEEM

JUDGEMENT

(1.) A.S.No.3070 of 1999 was preferred by the plaintiffs in O.S.No.l of 1994 on the file of the III Additional Senior Civil Judge's Court, Visakhapatnam. The respondents herein are the defendants in the suit.

(2.) The brief averments of the plaint are as follows :

(3.) The first defendant in this suit and the first defendants in O.S. Nos.2, 3 and 4 of 1994 are the daughters of the second defendant. All the first defendants jointly owned undivided 1/4th share in the suit scheduled property and' they agreed to sell their share at Rs.1,150/- per square yard. Accordingly, each of them executed agreements of sale in favour of the first plaintiffs in each suit on 28-12-1988, after taking advance of Rs.25,250/- towards part of sale consideration. The entire property is a contiguous single piece of land. It was agreed between the parties that the plaintiffs would obtain sale deeds after the first defendant obtaining no encumbrance certificate, no objection certificate from income tax department and clearance certificate from urban land ceiling authorities and approval of the building plan by the Local Authority. While so, on 29-9-1990, the agreement of sale was assigned in favour of the second plaintiff. The first plaintiff, the first defendant and the second plaintiff entered into a deed of nomination in favour of the second plaintiff. A similar nomination deed was executed by the other three sisters also in favour of the respective second plaintiffs. As per the terms and conditions, the first plaintiff has to prepare a plan and submit the same to the first defendant who in turn has to get it approved by the municipal authorities for the construction of a multi-storeyed building. While so, before approval of the plan, the second defendant on 17-8-1991 sought for revision of the rate to which the plaintiffs did not agree. While the plaintiffs were eagerly waiting for compliance of other conditions, they noticed a paper publication issued by the defendants that the agreements stand cancelled. The plan submitted by the defendants was returned. The plaintiffs addressed several letters to the defendants intimating that the contract cannot be terminated without complying the terms and conditions of the agreement and the plaintiffs were always ready and willing to perform their part of contract. But, there was no response from the defendants, therefore, the plaintiffs were constrained to file the present suits directing the first defendants in each suit to execute regular sale deeds in furtherance of agreements of sale dated 28-12-1988 and nomination deeds dated 29-9-1990 after receiving the balance of sale consideration as fixed by the Court and in the alternative, damages at Rs.12,53,550/- and refund of the advance amount in the event of the Court holding that specific performance cannot be ordered.