BIMAL KUMAR BENGANI Vs. KANCHARLA KRISHNA REDDY

JUDGEMENT

(1.) Heard Sri M. V. Durga Prasad, learned counsel for the revision petitioner and Sri N. Vijender Reddy, learned counsel for the respondent. Perused the entire record.

(2.) This Civil Revision Petition is filed by the revision petitioner/defendant aggrieved by the dismissal order dtd. 21/1/2024 passed by the learned II Additional District Judge, Ranga Reddy District at L.B.Nagar, in I.A.No.1348 of 2024 in O.S.No.291 of 2021, which was filed by the revision petitioner herein under Order VII Rule 11 read with Sec. 151 of C.P.C for rejection of plaint.

(3.) The respondent herein filed suit against the revision petitioner seeking specific performance of agreement of sale dtd. 5/9/2019. In the said suit, the revision petitioner herein filed I.A.No.1348 of 2024 seeking rejection of plaint. The relief is sought with respect to suit schedule property consisting of 2/3rd undivided share of agricultural dry land in Sy.No.608 to an extent of Ac.2-06 guntas or 0.86 Hectors, Sy.No.609 to an extent of Ac.0-15 guntas and Sy.No.633 to an extent of Ac.0-35 guntas in total admeasuring Ac.3-16 guntas situated at Abdullapurmet Mandal, Ranga Reddy District. The I.A. under revision is filed on the ground that the suit agreement has been terminated through legal notice dtd. 15/1/2021. On account of the said legal notice, the revision petitioner contended that the cause of action ceased on 15/1/2021 when the said agreement of sale was cancelled. The time was essence of the suit agreement and the suit agreement is legally terminated as there is failure to pay balance sale consideration on or before 1/10/2019. Therefore, there is no subsisting agreement available for specific performance as on the date of filing of the suit. The respondent did not seek declaration of termination of suit agreement as illegal and therefore, the plaint is liable to be rejected.