THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 5256 of 2011 Date. 3.12.2011 Between: Bhavanam Siva Reddy and another .. Petitioners And Kommalapati Venkata Krishna … Respondent Counsel for the Petitioner: Sri Koneti Raja Reddy Counsel for respondents: Sri N Sreeram Murthy The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 5256 of 2011 ORDER: This revision under Article 227 of the Constitution of India is ﬁled questioning the order dated 14.11.2011 in I.A No. 1426 of 2011 in O.S No. 226 of 2011 on the ﬁle of the XI Additional District Judge (FTC) Guntur at Tenali directing the petitioners/plaintiﬀs to deposit the balance sale consideration with interest as per order dated 3.11.2011 by 5.12.2011. The revision petitioners are plaintiﬀs. For the sake of convenience the parties are referred to as they are referred in the Court below. Brieﬂy stated the facts of the case are as under. The plaintiﬀs on 23.8.2011 have ﬁled a suit in O.S No. 226 of 2011 for speciﬁc performance of an agreement of sale dated 14.2.2011 on the ground that the defendant has entered into agreement of sale dated 14.2.2011 with them agreeing to sell the suit schedule property for a total sale consideration of Rs.47,46,300/- and received a sum of Rs.5,00,000/- as advance sale consideration and is not performing his part of the contract. As per the agreement dated 14.2.2011, the plaintiﬀs have to pay the balance sale consideration of Rs.42,46,300/- within 60 days and get the sale deed registered and if the balance sale consideration is not paid within stipulated time of 60 days they are liable to pay interest @ 18% per annum. Alleging that the defendant is not performing his part of the contract, the plaintiﬀs have issued a legal notice on 22.8.2011 and ﬁled the suit on 23.8.2011. The defendant has issued a reply notice dated 26.8.2011 expressing his willingness to perform his part of the contract as per the stipulations mentioned in the contract and advising the plaintiﬀs to immediately pay the balance amount and get the sale deed executed in terms of the agreement. The defendant has also ﬁled a written statement in the Court stating that the plaintiﬀs have ﬁled the subject suit to gain the time without paying the balance sale consideration and they are not ready and willing to perform their part of the contract. The defendant has taken a stand that if the plaintiﬀs are directed to deposit or pay the balance sale consideration together with interest in terms of the agreement of sale, he has not objection to execute the sale deed in favour of the plaintiffs. Based on the rival contentions, the Court below on 3.11.2011 framed the following issues for its consideration and directed the plaintiﬀs to deposit the balance of sale consideration of Rs.42,46,300/- with interest @ 18% p.a. from 15.4.2011 by 10.11.2011. 1. Whether the plaintiﬀ is ready and willing to perform his part of the contract. 2. Whether the defendant is entitled for cancellation of agreement of sale and liable to refund of advance sale consideration. 3. Whether the defendant was always ready and willing to perform his part of contract for sale 4. To what relief. Thereafter, the plaintiﬀs ﬁled an application under Section 148 and 151 of CPC to adjourn the matter by one month to enable them to obtain certiﬁed copies of order dated 3.11.2011 and 10.11.2011. The Court below by its order dated 14.11.2011 allowed the said application and further directed that the petitioners/plaintiﬀs shall deposit the balance sale consideration with interest as per the order dated 3.11.2011 by 5.12.2011. Questioning the said order, the present revision is ﬁled contending that if the entire balance sale consideration is deposited, nothing survives in the suit. The learned counsel for respondent/defendant fairly submitted that if the entire balance sale consideration together with interest in terms of the agreement dated 14.2.2011 is paid within a short time, the defendant is ready and willing to execute the sale deed on the date of deposit itself. The learned counsel for petitioner/plaintiﬀs submitted that reasonable time of three months be granted to the plaintiﬀs to deposit the entire balance sale consideration together with interest and there is no need for trial of the suit. However, the learned counsel for defendant opposes grant of three months time for deposit and submitted that if the plaintiﬀs are so willing and ready to perform their part of contract, they may be directed to deposit the due amounts with interest within four weeks from today. After arguing for some time, both the counsel agreed for payment of balance sale consideration with interest within six weeks and in default, the defendant would return the advance amount of Rs.5,00,000/- to the plaintiﬀs and the agreement of sale dated 14.2.2011 would stands cancelled. Both the counsel further agreed that the Court below be directed to pass a decree decreeing the suit by directing the plaintiﬀs to deposit the balance sale consideration along with 18 % pa interest from 15.4.2011 till date of deposit. Heard the learned counsel on either side and perused the material available on record. Having regard to the facts and circumstances of the case and particularly in view of the agreed stand of both the counsel, I deem it appropriate to dispose of the revision permitting the plaintiﬀs to deposit the balance sale consideration of Rs.42,46,300/- along with agreed interest @ 18 % p.a. from 15.4.2011 till date of payment, within a period of six weeks from today, in default, the defendant shall return the advance amount of Rs.5,00,000/- and the agreement of sale dated 14.2.2011 stands cancelled. The Court below is directed to pass the decree as indicated above within two weeks from the date of receipt of copy of the order. Accordingly, the revision is disposed of. No costs. _____________ V.ESWARAIAH,J Date: 3.12.2011 tvk THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 5256 of 2011 Date. 3.12.2011