(per the Hon’ble Mr.Justice

D. Appa Rao)

This is an appeal preferred by the unsuccessful plaintiff against refusal of relief of specific performance of agreement of sale dated 28.5.1997, in O.S.No.492 of 1999, on the file of the III-Additional Chief Judge, City Civil Courts, Hyderabad, pertaining to the house bearing No.

1-4-732 / 35, Bakaram, Musheerabad, Hyderabad.

2. The case of the plaintiff, in brief, is that the plaint schedule house belongs to the defendant and he has taken it on rent at Rs. 1,500/- per month. Later, he entered into an agreement of sale Ex.B 1 dated 28.5.1997 for purchase of the property for Rs.10,89,000/- and paid an advance of Rs.2,72,250/-, evidenced under Ex.B2 receipt. He was always ready and willing to perform his part of contract, however the defendant has failed to perform his part of contract by not obtaining the clearance certificate from the Income Tax Department and in spite of negotiations held elder Bawar Mian, the defendant did not come and execute registered sale deed by receiving remaining balance sale consideration. When the defendant issued the notice, he gave a suitable reply. Therefore, he prayed for specific performance of t