DODDA GANDHI PRASAD Vs. SIRIPURAPU SUDHARSHANA RAO

JUDGEMENT

(1.) This Appeal Suit is filed by the appellant/plaintiff against the Judgment and Decree dtd. 25/7/2012 in O.S. No. 8 of 2008 on the file of I Additional District Judge, Khammam, wherein the suit filed by the plaintiff against the defendant for specific performance was dismissed.

(2.) For the sake of convenience the parties will be referred as per their status before the trial Court.

(3.) The sole plaintiff instituted O.S. No. 8 of 2008 against the sole defendant seeking Specific Performance of an Agreement of Sale in respect of agricultural land admeasuring Ac.2-08 guntas in Sy.No.9 of Raghunadhapalem Village, Khammam Urban Mandal, Khammam District (hereinafter referred to as "the suit schedule property"). It is the case of the plaintiff that the defendant, having purchased the suit schedule property through a 'sada-binama' (unregistered agreement) from the original owners namely one Katragadda Sreeramulu and Nelapatla Jagannadham, subsequently offered to sell the same to the plaintiff at the rate of ?7,65,000/- per acre. Accordingly, an agreement of sale was executed by the defendant on 11/2/2005 in favour of the plaintiff and the plaintiff had paid an amount of Rs.4,00,000.00 on the date of execution of the Agreement of Sale to the defendant towards advance sale consideration. The plaintiff also paid a further sum of Rs.20,000.00 to the defendant on 13/2/2005 which was endorsed on the back side of the agreement and that the plaintiff agreed to pay the balance consideration of Rs.12,63,000.00 on or before 1/10/2005, subject to condition that the defendant obtains NOC, carries out measurement of the suit land, apart from obtaining a registered sale deed from the original owners. Despite the plaintiff's readiness and repeated demands, including a panchayat held in December, 2007 and also sending a telegraphic notice dtd. 10/2/2008, the defendant failed to perform his part of the contract, compelling the plaintiff to institute the above suit seeking specific performance or in the alternative, for refund of Rs.4,20,000.00 with interest at the rate of 24% per annum.