VEMULA KISHTASWAMY Vs. MIRZA MAQSOOD BAIG

JUDGEMENT

(1.) This Appeal Suit is filed against the Judgment and Decree dtd. 29/4/2015 in O.S.No.69 of 2012 passed by the learned Family Court-cum-Additional District and Sessions Judge, Karimnagar.

(2.) Respondent/plaintiff filed a suit in O.S.No.69 of 2012 for Specific Performance of Agreement of Sale dtd. 4/8/2011 against the appellant/defendant. The trial Court examined P.Ws.1 to 3 and marked Exs.A1 to A16 on behalf of the plaintiff and also examined D.Ws.1 & 2 on behalf of the defendants, but no documents were filed on behalf of the defendants. Considering the oral and documentary evidence, decreed the suit in favour of the respondent/plaintiff and directed him to pay the balance sale consideration of Rs.5,32,327.00 along with good will offered by him under Ex.A12 i.e., Rs.1,00,000.00 with interest at 12% per annum from the date of suit till the date of deposit within one month, on such deposit appellant/defendant has to execute the regular sale deed in respect of the plaint schedule property. Aggrieved by the said Judgment, defendant therein preferred the present appeal.

(3.) Appellant mainly contended that respondent/plaintiff is not ready to perform his part of contract. He failed to comply the terms and conditions of the Agreement of Sale in paying the balance sale consideration, as such appellant cancelled the Agreement of Sale by duly issuing notice to the respondent, but the trial Court erroneously came to the conclusion that respondent/plaintiff is ready and willing to perform his part of the contract and the burden was put on the appellant/defendant to prove regarding the cancellation of the Agreement. Moreover, as per Ex.A11 Arbitration Award, respondent/plaintiff is not entitled to file the suit. The burden of proving is on the respondent/plaintiff, but it was shifted to the appellant/defendant erroneously. Respondent/plaintiff cannot depend on the weakness of the appellant/defendant. Therefore, requested the Court to set aside the Judgment of the trial Court.