MAMIDI JAGANNADHAM Vs. YELGANI SHANKARAIAH

JUDGEMENT

(1.) This Appeal is preferred by the plaintiff in O.S.No.55 of 1987 on the file of the learned District Munsif, Ibrahimpatnam.

(2.) The suit was filed by the plaintiff for specific performance of an agreement of sale against the defendant and for perpetual injunction retraining the defendant and his men from interfering with the peaceful possession and enjoyment of the suit schedule land.

(3.) The averments of the plaint discloses that the defendant offered to sell the suit land for a consideration of Rs.1,300/- per acre. The plaintiff agreed to purchase the same and an agreement of sale covered by Ex.A-1 was executed by the defendant, wherein it was mentioned that the plaintiff paid Rs.1,500/- towards earnest money and the possession of the property was delivered by the defendant to the plaintiff on the same day in part performance of the contract and since then, the plaintiff is in possession and enjoyment of the land. The defendant again approached the plaintiff on 16-08-1979 and requested to pay Rs.1,000/- and accordingly, the plaintiff paid the said amount in the presence of PW-2. Again the plaintiff paid Rs.5,000/- on 05-03-1981 in the presence of PW-2. But the defendant did not pass any receipts for the payments made subsequent to the agreement of sale. The plaintiff, after calculating the amount, paid the balance of consideration of Rs.1,112/- on 10-01-1982 and requested the defendant to execute the registered sale deed in his favour. The defendant was evading executing the sale deed on some pretext or other and tried to sell away the property to third parties. The plaintiff demanded the defendant in February, 1987 for execution of a registered sale deed. But, the defendant issued Ex.A-14 registered notice on 03-03-1987 with false and untenable allegations. The plaintiff gave Ex.A-15 reply notice on 17-03-1987 and filed the present suit for the reliefs as indicated above.