Dommaraju Indiramma, vs Guntumadugu Sudarsana Varma
2021 Latest Caselaw 2944 AP

               HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

    MAIN CASE: SECOND APPEAL No.358 of 2021
                              PROCEEDING SHEET

  SL.                                                                      OFFICE
        DATE                           ORDER
  No.                                                                      NOTE

HCJ
  2.& 09.8.2021
      RSR, J    MVR, J
                             Second Appeal No.358 of 2021

                      Heard Sri K.G.Krishna Murthy, learned Senior
                Counsel, for Sri K.Rama Mohan, learned counsel for
                the appellant and Sri K.Koutilya, learned counsel for
                the respondent.

Considering the decrees and judgments of the trial Court as well as the first appellate Court since the following substantial questions of law arise for determination in this second appeal, Admit:

1. Whether the Courts below are right in holding that the plaintiff is entitled for relief of specific performance of the contract without properly appreciating the recitals incorporated in the Ex.B.1 wherein the time was fixed for execution of the sale deed, as held by this Hon'ble Court in 2009(5) ALT 502?

2. Whether the Courts below are right in holding that the plaintiff has a capacity to pay the entire sale consideration at a time without considering that the burden lies on the plaintiff to prove readiness and willingness to perform his obligation in terms of the agreement within the stipulated dated as held by the Hon'ble apex Court in a judgment reported in AIR 2011 SC 1424?

3. Whether the Courts below are right in placing the burden of proof on the defendant instead of placing on the plaintiff as per the settled principle of law held by the apex Court decision reported in 2014 (2) ALD 157 (SC)?

List this matter on 23.8.2021 2021.

__________ MVR, J I.A.No.1 of 2021

At request of Sri K.Koutilya, learned counsel for the respondent, for filing counter, list on 23.8.2021.

__________ MVR, J vasu