LANKA VENKATA RAMANAMMA Vs. MALLA SATYANARAYANA

JUDGEMENT

(1.) Appeal Suit No.609 of 2005 is filed by the defendants 1 to 8 against the alternative relief of refund of advance amount of Rs.3,00,000.00 with interest granted by the trial Court and Appeal Suit No.610 of 2005 is filed by the plaintiff for not awarding main relief of specific performance of agreement of sale by the trial Court.

(2.) Both these appeals A.S.Nos.609 and 610 of 2005 are filed against the judgment and decree, dtd. 31/3/2005, passed in O.S.No.44 of 2000 on the file of the Senior Civil Judge, Gajuwaka, Visakhapatnam District. Therefore, both these appeals are clubbed and common judgment is being pronounced in these appeals. It is expedient to refer the parties as they are originally arrayed in the suit so as to avoid any confusion and for better understanding of the matter.

(3.) The suit in O.S.No.44 of 2000 was filed by the plaintiff against the defendants 1 to 8 for specific performance of the suit agreement by giving a direction to the defendants to execute a registered sale deed for the suit schedule property in terms of the said agreement and to register the same at the plaintiff's costs, and in case if the defendants failed to do so within the time prescribed by the Court, that the Court may be pleased to execute a sale deed on their behalf and get it registered or for an alternative relief of payment of Rs.9,00,000.00 towards damages as compensation for the breach of contract with subsequent interest thereon at the rate of 12% per annum from the date of suit till realization and for costs of the suit.