PONNURU KRISHNAVENAMMA Vs. BANKS TAVITESWARA RAO

JUDGEMENT

(1.) This is an appeal by the first defendant Ponnuru Krishnavenamma against the reversing Judgment and decree dated 03-06-1996 of the III Additional District Judge, Krishna District at Vijayawada in A.S.No. 31 of 1988.

(2.) The first respondent herein is the plaintiff and the second respondentherein is the second defendant in the suit O.S.No. 4 of 1979 on the file of the I Additional Subordinate Judge, Vijayawada. The parties are being referred as they are arrayed in the said suit, for the sake of convenience.

(3.) The plaintiff filed the said suit for specific performance of the agreementof sale dated 08-01-1976 executed by the first defendant in his favour in respect of the suit property or in the alternative to direct the first defendant to refund the advance amount received by her. The suit property consists of a vacant house site admeasuring 1086 Sq. yards comprised in S.Nos. 19/7 and 19/8 situated at Vidhyadharapuram at Vijayawada. The case of the plaintiff is that the first defendant is the owner of the suit plot and agreeing to sell the same for Rs. 14,661 /- to the plaintiff executed an agreement of sale (Ex.A-1) on 08-01-1976; that the first defendant received an advance amount of Rs. 3,000/- at the time of the execution of the agreement; that it was agreed between the parties that the first defendant should execute a sale deed on or before 10-03-1976 after receiving the balance of sale consideration; that the first defendant had to tender the encumbrance certificate and tax receipts in respect of the suit property; that the first defendant had taken Rs. 1,000/- on 02-03-1976 from the plaintiff towards the balance of sale consideration and made an endorsement on the reverse of the agreement (Ex.A-2) to the effect that she wi11 execute a registered sale deed at will and pleasure of the plaintiff without considering the terms of the agreement; and that subsequently in spite of several demands and exchange of notices the first defendant failed to execute the registered sale deed and thus committed breach of contract. Hence, the plaintiff filed the said suit for specific performance of the agreement of sale.