MUSUNURU VENKATA SURYA PRAKASA RAO Vs. DASARI AMMAJI

JUDGEMENT

(1.) The defendant in O.S. No.6 of 1984 on the file of the Court of the Subordinate Judge, Vijayawada, filed this appeal challenging the decree and judgment dated 26.08.1993, wherein the suit filed by the plaintiff was decreed in part directing the defendant to pay Rs.93,870.00 after deducting Rs.30,500.00 together with interest at the rate of 6% per annum on the principal amount of Rs.93,870.00 from the date of suit till the date of realisation of Rs.30,500.00 and thereafter, on the balance amount.

(2.) For convenience of reference, ranks given to the parties before the trial court will be adopted throughout the judgment.

(3.) The plaintiff filed suit for relief of specific performance of agreement of sale dated 16.07.1981 seeking direction against the defendant to pay Rs.93,870.00 and together with interest at the rate of 24% per annum from the date of suit till date of realisation and in the alternative for delivery of lorry bearing No. ADM 3168 of the defendant in good condition within the time fixed by the court, alleging that the plaintiff is the owner of the lorry bearing No.ADM 3168, 1978 model, on 16.07.1981, the defendant agreed to purchase the same for Rs.1,90,000.00, entered into agreement. On the date of agreement, the defendant paid a sum of Rs.5,760.00 and took delivery of lorry from the plaintiff. The defendant agreed to pay balance of sale consideration in instalments, however, he paid Rs.10,000.00 to the plaintiff and obtained agreement of sale in writing from the plaintiff. As per the terms of agreement, an amount of Rs.30,000.00 out of balance of Rs.1,74,240.00 was agreed to be paid in 30 monthly instalments at the rate of Rs.4,808.00 each payable before 16th of every month. The defendant also agreed to redeliver lorry to the plaintiff in case of his failure to pay balance of sale consideration as agreed and transfer by registration, after performance of part of the agreement i.e., payment of entire sale consideration.