M RANGAIAH Vs. T V SATYANARAYANA RAO

JUDGEMENT

(1.) THIS appeal, under section 96 of the Code of Civil Procedure, 1908 (for short 'the Code\ is filed against the judgment and decree, dated 5. 3. 2007, passed by the Court of X Additional Senior civil Judge, (FTC), City Civil Court, hyderabad, in OS No. 1586 of 2005.

(2.) THE 1st respondent (for short 'the respondent") filed the suit, against the appellant, for the relief for specific performance of an agreement of sale, dated 16. 8. 2005. He pleaded that he is the owner of a Flat in the ground floor of premises, bearing No. 7-l-414/a/22, Sanjeevareddy nagar, Hyderabad, that the appellant is the owner of Flat, bearing No. B6/f2 (LIG), in the first floor, and that when the same was offered for sale, he agreed to purchase it for a consideration of Rs. 6,25,000/ -. It was stated that advance of Rs. 25,000/-waspald on 25. 7. 2005, and on 16. 8. 2005, an amount of Rs. 3,00,000/- was paid. An agreement of sale was said to have been executed on the same day, incorporating several conditions.

(3.) THE respondent alleged that though he had two months time from the date of agreement for payment of the balance of consideration and for completion of the transaction, he came to know that the appellant was making attempts to sell the property, and accordingly, filed the suit on 1. 9. 2005. The appellant filed a written statement, denying the very execution of the agreement of sale. He pleaded that he borrowed a sum of Rs. 3,25,000/- for his family necessities from the respondent by mortgaging his flat, and that taking advantage of the same, the respondent fabricated the agreement of sale. Several grounds, such as absence of notice, and non-compliance with statutory conditions, were pleaded. Through its judgment, dated 5. 3. 2007, the trial Court decreed the suit. Hence, this appeal.