THE HON'BLE MR JUSTICE V.ESWARAIAH SECOND APPEAL No.515 OF 2009 DT.27.09.2011 Between: Gandla Nagarathamma … Petitioner And Kurra Gopala Krishna Murthy … Respondents Counsel for the Petitioners: Sri K.Rajanna Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE V.ESWARAIAH SECOND APPEAL No.515 OF 2009 JUDGMENT: The appellant is the plaintiff, who filed the suit O.S.No.149 of 1994, on the file of the Principal Senior Civil Judge, Guntur for Specific Performance of Agreement of Sale, dated 7-3-1991 seeking a direction to the defendant to execute a Registered Sale deed in respect of the plaint schedule property or in the alternative to direct the defendant to return the advance amount of Rs.20,000/- along with 24% interest and suit costs and as well as damages of Rs.2,00,000/-. Though the appellant is not really aggrieved in refusing to execute a Registered Sale Deed and for return of advance amount of Rs.20,000/-, it is his specific contention that there is clear evidence to show the dishonest intention of the defendant to avoid compliance with Ex.A.1/Agreement of Sale and therefore he is entitled for the damages. The trial Court on appreciation of the evidence available on record, both oral and documentary, held that there is no evidence to show that the defendant had acted in a dishonest manner to avoid compliance with Ex.A.1- Agreement of Sale and therefore the claim of the plaintiff-appellant regarding the damages cannot be permitted. The lower appellate Court confirmed the findings of the trial Court that the specific performance of contract cannot be granted and accordingly directed the defendant to refund the advance of Rs.20,000/- with interest. In view of the concurrent findings of both the Courts below, I do not see any substantial question of law that arise for consideration with regard to the ground of dishonest intention of the defendant and the entitlement of the plaintiff for damages. The Second Appeal is accordingly dismissed. No costs. _______________ (V.ESWARAIAH,J) DATE: 27.09.2011 grk THE HON'BLE MR JUSTICE V.ESWARAIAH (The Judgment of the Bench delivered by Hon’ble Sri Justice V.Eswaraiah) SECOND APPEAL No.515 OF 2009 DATE: 27.09.2011 GRK