IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE NINETH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE V.SURI APPA RAO C.C.C.A.NO.10 OF 2000 Between : Boopa Sathaiah .... Appellant. A N D V.Mahalaxmi …Respondent THE HON'BLE SRI JUSTICE V.SURI APPA RAO C.C.C.A.NO.10 OF 2000 J U D G M E N T: This appeal is filed under Section 96 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 29.11.1999 in O.S.No.783 of 1992 on the file of First Senior Civil Judge, City Civil Court, Hyderabad, whereunder and whereby, the suit filed for specific performance of an agreement of sale dated 21.07.1990, was dismissed and the plaintiff is entitled to recover a sum of Rs.15,000/- from the defendant with simple interest @6% per annum from the date of suit till realization. 2. The brief facts that are necessary for disposal of the appeal may be stated as follows: The defendant / respondent entered into an agreement, dated 21.07.1990, agreeing to sell the suit schedule property for a total sale consideration of Rs.2,25,000/-. At the time of execution, the plaintiff paid Rs.15000/- as advance, and subsequently he paid a sum of Rs.35,000/- towards part of sale consideration. As per Ex.A.1 agreement of sale, dated 21.07.1990, the defendant has not cleared the amounts due to Andhra Pradesh State Electricity Board and not obtained the clearance certificate from the Urban Ceiling Authority. The plaintiff demanded the defendant several times for execution of Ex.A.1 after receiving the balance sale consideration. But, the defendant is refused to receive the balance sale consideration. Hence, the suit. 3. The defendant filed written statement denying the execution of Ex.A.1 agreement of sale and also the consideration of Rs.50,000/- and contended that the agreement of sale is forged and fabricated and the suit schedule property is worth more than Rs.5,00,000/-. 4. Basing on the oral and documentary evidence adduced by both the parties, the learned Senior Civil Judge observed that the plaintiff is not entitled for specific performance of contract against the defendant and he is entitled for recovery of a sum of Rs.15,000/- towards part of sale consideration from the defendant. Aggrieved by the said judgment and decree, the plaintiff preferred this appeal. 5. Learned counsel for the appellant contended that as per Ex.A.1 agreement of sale, dated 21.07.1990, the appellant paid a sum of Rs.15,000/- as advance and subsequently he paid a sum of Rs.35,000/- towards part of sale consideration. Admittedly Ex.A.1 agreement of sale, the appellant paid a sum of Rs.15,000/- only. 6. The appellant has not adduced any evidence with regard to payment of a sum of Rs.35,000/- from time to time. In the judgment it is clearly mentioned that the plaintiff failed to prove that he is ready and willing to perform his part of contract by issuing legal notice before filing the suit. Except Ex.A.1 agreement of sale, the appellant did not adduce any evidence that he is ready and willing to perform his part of contract by paying balance sale consideration. In Ex.A.1 agreement of sale, dated 21.07.1990, it is clearly mentioned that the appellant has to pay the balance sale consideration within two months from the date of Ex.A.1. It seems, the appellant did not deposit the sale consideration at the time of filing the suit to prove his bona fides. The learned Senior Civil Judge rightly observed that the appellant failed to prove that he is ready and willing to perform his part of contract as per the terms and conditions of Ex.A.1. Therefore, the appellant is not entitled for specific performance of contract of sale against the defendant, but he is entitled for recovery of a sum of Rs.15,000/- only. There are no valid grounds to interfere with Judgment and decree dated 29.11.1999. 7. Accordingly, the C.C.C.A is dismissed confirming the judgment and decree dated 29.12.1999 in O.S.No.783 of 1992 passed by the First Senior Civil Judge, City Civil Court, Hyderabad. There shall be no order as to costs. _____________________ V.SURI APPA RAO, J DECEMBER 09, 2010. YVL