MANDAVA LOKESWARA RAO Vs. DEVINENI VIJAYA LAKSHMI

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment in C.C.C.A.No.183 of 1982 dated 21-3-1995 on the file of this Court confirming the judgment and decree passed in OS No.613 of 1980 dated 14-7-1982 on the file of the learned V Additional Judge, City Civil Court, Hyderabad filed for specific performance of the agreement of sale in., respect of 516 Sq. Yards in S.No.127 at Yellareddyguda, Kliairatabad Taluk, Hyderabad District.

(2.) Defendant is the appellant in this Letters Patent Appeal. The suit in OS No.613 of 1980 on the file of the learned V Additional Judge, City Civil Court, Hyderabad was filed by the plaintiff respondent for specific performance of the agreement of sale in respect of 516 Sq. Yards in Sy.No.127 at Yellareddyguda, Khairatabad Taluk, Hyderabad District after receiving Rs.36,933.00.

(3.) The plea of the plaintiff was that through her father, the plaintiff agreed to purchase plot No.25 in S,No.l27 belonging to the defendant in an extent of 516 Sq. Yards at the rate of Rs.60.00 per sq. yard and an agreement of sale was executed on 7-8-1978, and that the defendant agreed and undertook to obtain the required permission to alienate the suit land in favour of plaintiff and promised to execute the sale deed after obtaining the said permission and a sum of Rs.10,000.00was paid as earnest money on the date of agreement. It was averred that no specific time was fixed for completion of sale transaction but it was agreed in the same agreement that the defendant will be entitled to charge interest at 18% per annum on the balance sale consideration if the sale is not completed after the required permission is obtained as such the time is not the essence of contract. Thereafter, according to the plaintiff, the defendant on 31-10-1978 got issued a legal notice to the plaintiff informing him that he obtained necessary permission and that the plaintiff had to complete the sale transaction within 60 days from the date of grant of permission and further complained that the plaintiff did not co-operate with the defendant in completing the formalities upto 31-10-1978 and required the plaintiff to complete all formalities under the agreement within 15 days from the date of receipt of the said notice, failing which the agreement of sale stands cancelled and advance paid will be forfeited. The plaintiff points out that the contents of the notice were contrary to the agreement.