GOUNIPURAM SIVAJI RAJU Vs. VERRAGUDI NARASIMHA RAJU

JUDGEMENT

(1.) This Court ordered notice before admission on 12-8-2005. Sri D. Sudershan Reddy, the learned Counsel entered appearance. Sri Veera Reddy, the learned Counsel representing the appellants had raised two substantial questions of law: (1) The relief of specific performance being discretionary in the facts and circumstances both the Courts erred in granting the said relief in the peculiar facts and circumstances of the case, and (2) the suit filed after a long lapse of time is barred by limitation.

(2.) Sri Sudarshan Reddy, the learned Counsel representing the respondent - plaintiff would submit that as per the recitals in the Agreement of Sale in question nothing more had been left to be performed except the execution of a registered Sale Deed when a demand was made and inasmuch as at a particular point of time the refusal to execute the document had been detected by the plaintiff, from the said date within time the suit was instituted. The learned Counsel also would submit that in view of the close relationship between the parties and the understanding between the parties, the agreement in question was executed and the respondent - plaintiff was put in possession of the property.

(3.) Heard the Counsel.