Yenamala Adinarayana Reddy vs Kommepalli Sadasiva Reddy
2022 Latest Caselaw 2828 AP

      HIGH COURT OF ANDHRA PRADESH::AMARAVATI
 MAIN CASE No: S.A.NO.108 OF 2022
                                  PROCEEDINGS SHEET
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No.
       DATE                                        ORDER
6.    27.06.2022
                   KSR,J

                                            S.A.NO.108 OF 2022

                     The 2nd defendant in O.S.No.169 of 2013 on the file of the court
                   of Principal Junior Civil Judge, Chittoor is the appellant herein. The
                   1st respondent/plaintiff filed the above suit for specific performance

of an agreement of sale, dated 07-05-2000, executed by defendant Nos.1 and 2. Pending the suit, 1st defendant died and his legal representative-3rd defendant was added as a legal representative of the deceased-1st defendant. It is contended by the 1st respondent/plaintiff that both the defendants agreed to sell the suit schedule property in the joint status for a sale consideration of Rs.92,500/- and executed Ex.A-1 agreement of sale. On the same day, 1st respondent/plaintiff paid an amount of Rs.20,000/- as an earnest money. The 1st respondent/plaintiff has to pay the balance sale consideration of Rs.72,500/- on or before 22-09-2000 to get a regular sale deed executed by both the defendants. Inspite of repeated demands, both the defendants failed to execute the sale deed. Consequently, 1st respondent/plaintiff filed the above suit. Both the defendants contested the suit by filing a written statement. It is their specific contention that the 1st respondent/plaintiff was never ready and willing to pay the balance sale consideration. In support of their claim, both the defendants filed Ex.B-1 telegraphic notice, dated 24-09-2000. Inspite of the said notice, the 1st respondent/plaintiff was not ready and willing to pay the balance sale consideration. Both the defendants have also filed a non-judicial stamp papers, dated 22-09-2000 and 28-09- 2000, which were marked as Exs.B-2 and B-3, to show that they are ready to execute the sale deed provided that the 1st respondent/plaintiff has to pay the balance sale consideration. After an elaborate trial, the trial court dismissed the suit by way of judgment, dated 07-06-2019. Aggrieved by the said judgment, the 1st respondent/plaintiff filed an Appeal Suit viz., A.S No.120 of 2019 before the Court of Principal District Judge, Chittoor. The said Appeal was allowed by judgment and decree, dated 29-12-2021. Aggrieved by the said, the 2nd defendant in the suit filed the Second Appeal.

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      DATE                                    ORDER

In view of the above facts and circumstances and in view of the following substantial question of law,

"Whether the lower appellate court is right in allowing the Appeal by reversing the judgment of the trial court without the 1st respondent/plaintiff pleading and proving his readiness and willingness as mandated by Section 16(c) of the Specific Relief Act,1963?"

ADMIT the second Appeal.

_________________ K.SURESH REDDY,J I.A.NO.1 OF 2022

In view of the facts and circumstances of the case and for the reasons stated in the affidavit filed in support of this application, there shall be an interim stay, as prayed for, until disposal of the Appeal.

Notice.

                                                                   _________________
                                                                   K.SURESH REDDY,J


             TSNR
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