HONOURABLE SRI JUSTICE V.ESWARAIAH S.A.No.1051 of 2011 JUDGMENT: This Second Appeal is directed against the decree and judgment dated 12-10-2009 passed in A.S.No.39 of 2006 on the fie of the Principal Senior Civil Judge, Narasaraopet, whereunder and whereby, the decree and judgment dated 24-02-2006 in O.S.No.49 of 2001 on the file of the Junior Civil Judge, Chilakaluripet, were confirmed. 2. The appellant is the defendant. The respondent is the plaintiff who filed the suit for specific performance of agreement of sale dated 10-06-1998 for the sale of the house property for a sum of Rs.1.00 lakh. It is stated that the plaintiff paid a sum of Rs.37,200/- towards earnest money and further agreed to pay the balance amount of Rs.62,800/- to be paid on or before 09-06-2000 at the time of getting the regular sale deed registered and the plaintiff paid an amount of Rs.1000/- on 04-06-2000 to the defendant towards the balance sale consideration as endorsement on Ex.A-1, 10-06-1998. The plaintiff is always ready and willing to perform his part of contract by paying the balance sale consideration to the defendant to get the execution of regular sale deed. But the defendant has been evading the execution of the sale deed and therefore, the plaintiff got issued legal notice, Ex.A-3, dated 26-02-2001 which was received by the defendant, but failed to execute the sale deed. 3. It is the case of the defendant that she ha taken a hand loan only, but Ex.A-1 agreement of sale is not intended to sell her property. It is further stated that in fact, she paid certain amounts. The said contention was unable to be substantiated. The trial Court after considering the oral and documentary evidence decreed the suit. Aggrieved by the same, the defendant filed the appeal suit. The lower appellate Court on re-appreciation of evidence, dismissed the appeal. 4. I have heard the learned counsel for the appellant as well as the learned counsel of the respondent and perused the judgments under impugned. 5. From the pleadings of both the parties and the judgments of the Courts below, it appears that the appellant-plaintiff was ever ready and willing to perform his part of the contract. But the defendant was evading in receiving the balance sale consideration and execute the sale deed and therefore, the Courts below rightly held that Ex.A-1, sale deed, is an enforceable agreement of sale in view of the evidence on record. The defendant also failed to adduce any evidence to show that the value of the property covered by Ex.A-1, Agreement of Sale, as Rs.2 ½ lakhs as contended before this Court. 6. I do not see any substantial questions of law that arises for consideration to admit the second appeal. 7. Accordingly, the Second Appeal is dismissed. There shall e no order as to costs. ________________ V.ESWARAIAH, J. 29-10-2011 Kvr