SWARGAM VENKATA SWAMY Vs. ELIGETI PRABHAKAR

JUDGEMENT

(1.) This Appeal Suit is preferred by the appellant/defendant No.1 assailing the Judgment and Decree dtd. 24/11/2011 in O.S. No.29 of 2007 on the file of the I Additional District Judge, Karimnagar, whereby the suit filed by the plaintiff for specific performance of an agreement of sale was partly decreed.

(2.) For the sake of convenience, the parties are referred to as they were arrayed before the Trial Court.

(3.) The case of the plaintiff is that defendant No.1 agreed to sell the schedule property, an industrial shed bearing No.E-5, Padma Nagar, Karimnagar, admeasuring 1300 sq. yards (approximately 11 guntas) with a plinth area of 229.27 sq. meters, for a total consideration of Rs.12,50,000.00. An advance of Rs.3,00,000.00 was paid under agreement dtd. 11/3/2003, followed by subsequent payments aggregating to Rs.7,00,000.00. A further sum of Rs.40,000.00 was allegedly collected by defendant No.1 for remittance to APIIC Ltd., though the plaintiff later discovered that APIIC had already executed a registered sale deed in favour of defendant No.1 on 23/3/2005.