P PRABHAKARA RAO Vs. Y VENKATA MOHAN RAO

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 03.12.1996 passed in O.S.No.35 1993 by the Additional District Judge, Ranga Reddy District.

(2.) The appellants herein are the defendants in the suit O.S.No.35 of 1993 filed by the plaintiff/respondent herein for specific performance of the agreement of sale dated 10.10.1979. Originally the suit was numbered as O.S.No.241 of 1980 on the file of the III Additional Judge, City Civil Court, Hyderabad, which was transferred to the Additional District Court, Ranga Reddy District and numbered as O.S.No.425 of 1982, later transferred to Sub-Court, Ranga Reddy District and numbered as O.S.No.603 of 1983 and again transferred to the Court of Additional District Judge, Ranga Reddy District, which was numbered as O.S.No.35 of 1993. The learned Additional District Judge by judgment dated 03.12.1999 decreed the suit with costs. Aggrieved by the said judgment and decree the defendants therein preferred this appeal. The parties herein are referred to as they were arrayed in the suit. It is the case of the plaintiff that he and the defendants got acquainted with each other through one M. Brahma Reddy and that the defendants are related to each other as brothers-in-law.

(3.) The defendants approached the said Brahma Reddy to introduce any friend of his to purchase their plot admeasuring 21/2 acres bearing S.Nos.181, 182 and 163 situated at Peda Amberpet, Ranga Reddy District. Accordingly, the plaintiff was introduced to the defendants and after some negotiations the plaintiff agreed to purchase the said land at the rate of Rs.10,000/- per acre totaling to Rs.25,000/- for entire suit schedule property and it was also agreed upon by the parties that the plaintiff would pay Rs.15,000/- towards earnest money and advance. All this took place in the presence of Brahma Reddy, who being a common friend of the plaintiff as well as the defendants. An agreement of sale was prepared on 10.10.1979 and the advance and earnest money was mentioned as Rs.15,000/-. After singing the agreement when the defendants demanded an extra amount of Rs.6,500/-, the plaintiff expressed his inability to meet the demand as he had no prior information or such request was made to him. However, the plaintiff paid Rs.15,000/- and the same was acknowledged by the defendants in the agreement of sale dated 10.10.1979. When the plaintiff was pressurized to pay Rs.6,500/-, the said Brahma Reddy at the instance of the plaintiff issued a cheque bearing No.SB/R.128682 dated 10.10.1979 for the said amount in favour of the second defendant and the balance to be paid by the plaintiff to the defendants for the sale price of the suit land fixed at Rs.25,000/- was only Rs.3,500/-. It is his further case that he performed a very major part of the contract when he paid 3/4th of the sale price for the suit schedule land and took possession of the said land towards part performance of the contract. The defendants agreed to complete all formalities by producing the necessary title deeds and other documents to the plaintiff before drawing up the sale deed. The said Brahma Reddy approached the defendants several times since the agreement of sale requesting them to perform their part of the contract and further informed that the plaintiff was ready with Rs.3,500/- the balance of total consideration, but the defendants went on postponing the date of registration on some pretext or other. On 02.11.1979 the plaintiff sent a letter under certificate of posting to the defendants to produce the necessary documents and convey the suit property to him by 10.11.1979. However, when the defendants attempted to sell the suit schedule land the plaintiff by way of abundant caution issued a telegraphic notice through his counsel on 29.11.1979 informing the defendants to complete the sale transaction immediately and also published a notice in Deccan Chronicle on 01.12.1979. The plaintiff also issued a detailed notice to the defendants on 03.12.1979 under registered post acknowledgement due and the defendants evaded to receive the said notice. It is stated that the defendants are bound to complete the contract of sale dated 10.10.1979 but they failed to perform their part of contract such as producing the title deeds, non- encumbrance certificate etc. The defendants with a malafide intention to cheat the plaintiff have gone back on their promise after collecting huge amount of Rs.21,500/- out of Rs.25,000/-. Time was never the essence of the contract and on the contrary the defendants wantonly postponed to complete the formalities for which the plaintiff had to consent. The plaintiff is entitled to have the specific performance of the transaction of sale entered into on 10.10.1979 and the defendants are bound to convey and register the suit schedule property in favour of the plaintiff or in the alternative return the entire sale consideration and the defendants are also bound to pay Rs.5,000/- towards damages for committing breach of the said agreement. Thus, the suit was filed to convey the suit schedule property in favour of the plaintiff pursuant to the agreement of sale and to pay damages of Rs.5,000/- for committing breach of agreement or in the alternative to return the entire sale consideration of Rs.25,000/- as per the agreement of sale along with interest at the rate of 9% per annum if the suit is decreed for payment of money.