JUDGMENT

R.F. Nariman, J.

The present appeal arises out of a judgment dated 26.10.2005, delivered by a single Judge of the Andhra Pradesh High Court, by which an appeal filed by the original Defendant No.3 was allowed and a suit for specific performance was dismissed.

2. The brief facts necessary for deciding this case are as follows:

On 21.02.1992, an agreement to sell was entered into between one Smt. P. Savitri, Respondent No.1 before us, and B. Vijaya Bharati, by which the schedule property was agreed to be sold for a consideration of Rs. 1,80,000/-. Rs. 1,30,000/- had already been paid in advance. The balance consideration of Rs. 50,000/- was to be paid later as and when the vendee gives notice that she is ready to get the property registered, and on intimation from the vendor to pay the balance consideration.

3. Para 3 & 5 of the Agreement provided for necessary permissions from the society for transfer of the membership in the name of the vendee, which was to be obtained by the vendor, and clearances required from the Income Tax, Urban Land Ceiling Authorities and other Authorities were also to be obtained by the vendor. The said Agreement, though it was an agreement to sell only