The main legal point established in the judgment is the discretionary nature of specific performance, the need for a valid and enforceable contract, and the importance of proving the nature and obligation arising from the contract.

JUDGMENT :

This regular appeal under Section 96 Code of Civil Procedure (hereinafter referred to as ‘CPC’) is directed against the decree and judgment in O.S.No.49 of 1989 dated 27.10.1998 on the file of the Court of learned Senior Civil Judge, Ramachandrapuram.

2. The plaintiff, before the trial Court, is the appellant. The respondent herein is the defendant.

3. The appellant instituted the suit for specific performance of contract directing the respondent to execute a proper sale deed in his favour and get it register for the schedule property after receiving the balance of sale consideration and further to deliver the possession of the schedule property together with improvements thereon or in the alternatively to grant a decree to refund of advance money together with interest @ 18% per annum.

4. Before adverting to the material and evidence on record and nature of findings in the judgment of the trial Court, it is necessary to scan through the case pleaded by the parties in their respective pleadings.

5. The case of the appellant/plaintiff in brief in the plaint was as follows:

(i) The respondent is the owner of the property which is a vacant site in Vegayampeta. For the purpose of business expenses, respondent agreed to sell the said schedule property to the appellant for a sum of Rs.30,000/- on 12.06.1986 and having received a sum of Rs.9,000/- as advance executed an agreement of sale dated 12.06.1986. As per the said agreement of sale, the balance of Rs.21,000/- was agreed to be paid before the Registrar by the appellant to the respondent at the time of registration of sale deed.

(ii) Inspite of repeated demands, respondent failed to execute the sale deed. The appellant is always ready and willing to get the sale deed with balance sale consideration and expenses. But the respondent postponed the same. Hence, the suit.

6. The respondent denying all the allegations in the plaint and contending in the written statement and additional written statement as follows:

(i) He did not obtain any amount from the appellant under an agreement of sale dated 12.06.1986. His date of birth is 20.06.1970 and his age at the time of alleged execution of agreement of sale is 16 years 8 days and he is a minor. To prove the same, he filed photostat copy of secondary school certificate. As such, the appellant is not entitled to claim the relief.

(ii) Moreover, he has no salable interest over the plaint schedule property and the same is always in possession and enjoyment of his mother Reddy Surya Prabhavathi on her own right, title and interest since July 1984 and it is not a vacant site. She constructed a building therein and setup an Ice Factory by name Sri Surya Ice Industries by installing machinery after obtaining permission from Gram Panchayat, Annayyapeta and other concerned officials and running the said business in the schedule property in the past three years without any interruption. The door number of the building situated in the schedule property is 136/2.

(iii) Even the appellant is aware of the said fact and he concocted the agreement of sale by playing fraud. The father of the respondent, who is addicted for vices, colluded with the appellant created the suit document. The alleged contract of sale became impossible of performance and the appellant is not entitled for the relief of specific performance. Hence, prays to dismiss the suit with costs.

7. Subsequently, the appellant also filed a rejoinder by denying the averments in the additional written statement and contended interalia as follows:

i) The schedule property belongs to respondent only. By 02.07.1984, the respondent attained majority and on 02.07.1984 two sites admeasuring Ac.0.09 cents in Annaipeta, hamlet of Vegayammapeta were purchased in favour of the respondent and his mother each from the same vendors. Since them the respondent as well his mother has been enjoying their respective plots with absolute rights. The sale deed in respect of an extent of Ac.0.09 cents in favour