K KRISHNAVENI Vs. S JAGAN MOHAN

JUDGEMENT

(1.) The 1st respondent filed OS No.150 of 1995 in the Court of V Additional Chief Judge, City Civil Court, Hyderabad, against respondents 2 to 5, for the relief of specific performance of contract i.e., an agreement of sale, dated 22.2.1990, directing the latter to execute a sale deed in his favour, in respect of the suit schedule property, viz., Flat No.202, in property bearing No.3-4-531, Narayanaguda, Hyderabad (for short 'the flat'). Relief of delivery of possession of property was also claimed. Alternatively, he pleaded for a decree, for a sum of Rs.1,65,000/-, with interest at 24%, per annum, towards refund of the amount, paid as advance. It was pleaded that the 2nd respondent-firm, which had respondents 3 and 4 as Partners, acquired the site and constructed flats and proposed to sell Flat No.202, for a consideration of Rs.2,49,100/-. Agreement is said to have been executed, and on securing loan from the 5th respondent, the 1st respondent paid, in all, Rs.1,65,000/-, by 6.12.1990. He complained that, in spite of repeated requests, the 2nd respondent did not execute the sale deed.

(2.) Before filing the suit, the 1st respondent got issued a notice, 31.3.1994. The 2nd respondent issued a reply, dated 12.4.1994, stating that the agreement stood cancelled, on account of non-payment of balance, and the loan amount of Rs.20,000/- was paid to the 5th respondent.

(3.) Respondents 2 to 5 are said to have remained ex parte. Thereby, an ex parte decree for the relief of specific performance of agreement of sale directing respondents 2 to 4 to execute the sale deed, was passed, on 25.7.2001.