K V SHAH Vs. G CHINNAIAH

JUDGEMENT

(1.) The short controversy involved in this appeal is whether the agreement of sale in all its import and purport was not an agreement for outright sale of the property but was confined only to a lease for excavation of tale stone.

(2.) In a suit for specific performance filed by the plaintiff-appellant, the Trial Court held that the plaintiff was not entitled for a decree of specific performance mainly on the ground that the plaintiff failed to prove that he was ready and willing to perform his part of the contract. The Agreement of sale being Ex.B-2 dated 19-3-1983 was not disputed. The receipt of down payment of Rs. 8,342/- by the defendant from the plaintiff at the time when Ex.B-2 was executed was also not disputed.

(3.) The Agreement of sale Ex.B-2 discloses that an extent of Ac. 08.15 cents in Sy.No. 176 in Bodduvaripalle was agreed to be sold to K.V. Shaw s/o Brijlal B. Shaw, belonging to Kurnool village, at the rate of Rs. 4,950/- per acre by way of an absolute sale (emphasis supplied) and that towards the sale price, the defendant received a sum of Rs. 8,342/- in cash as advance and the balance of Rs. 32,000/- was agreed to be paid by the plaintiff by the end of April, 1983 whereupon registration would be done subject to the conditions as stated in the agreement. It is also recited in the agreement Ex.B-2 that the vendor has delivered possession of the land in question to the plaintiff. An expression of "no objection" is also made in Ex.B-2 if the vendee occupied the land in question immediately and started digging pits for taking out mineral viz., tale stones. It is lastly stated in the agreement Ex.B-2 that it was written by the vendor whole heartedly and with consent in the presence of the under-signed.