S V SURESWARA SARMA Vs. M KOTA MUVALAYYA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree in O.S. No.58 of 1983 dated 23-3-1990 on the file of the I Additional Subordinate Judge, Kakinada. Appellant is the defendant and the respondent is the plaintiff in the said suit For the purpose of convenience, the parties are arrayed as plaintiff and defendant.

(2.) Plaintiff - Meesala Kota Muvullayya, instituted a suit for specific performance of agreement of sale dated 16-5-1979 directing the defendant to executea registered sale deed in respect of plaint schedule property andput the plaintiff in vacant possession or in the alterna live to pass a decree for an amount of Rs.37,000/- with interest at 24% per annum and for costs.

(3.) The case of the plaintiff before the trial Court is that he entered into an agreement of sale on 16-5-1979 in respect of the plaint schedule property with the defendant who agreed to sell the same for a total consideration of Rs.2,66,000/-. Under the terms of agreement, the defendant received advance amount of Rs.10,000/- on the date of agreement i.e., on 16-5-1979 and another amount of Rs.10,000/- subsequently. It is agreed under the sale agreement that the sale deed was to be executed within six months from the date of agreement. The balance of sale consideration of Rs.2,46,000/- shall be paid to thedefendant by the plaintiff on the date of registration before the Registrar. On receiving the said amount, the defendant shall get the tenants evicted from the schedule premises and put the plaintiff in vacant possession on the same day on which date registration shall take place.