The ruling emphasizes the necessity of fulfilling contractual obligations for specific performance and the implications of non-compliance by the seller.

JUDGMENT :

VENUTHURUMALLI GOPALA KRISHNA RAO, J.

This second appeal under Section 100 of the Code of Civil Procedure (“C.P.C.” for short) is filed aggrieved against the Judgment and decree, dated 01.03.2023 in A.S.No.7 of 2013, on the file of the II Additional District Judge, Vijayawada (“First Appellant Court” for short), reversing the Judgment and decree, dated 31.10.2012 in O.S.No.385 of 1998, on the file of III Additional Senior Civil Judge, Vijayawada (“Trial Court” for short).

2. The appellant herein is the plaintiff and the respondent herein is the defendant in the suit in O.S.No.385 of 1998.

3. The plaintiff initiated action in O.S.No.385 of 1998 before the trial Court with a prayer for specific performance of the agreement of sale, dated 06.06.1996, directing the defendant to execute the registered sale deed in favour of the plaintiff and to deliver the vacant possession and for granting of permanent injunction restraining the defendant from alienating the plaint schedule property in any manner and for costs of the suit.

4. The learned trial Judge decreed the suit with costs. Felt aggrieved of the same, the unsuccessful defendant in the above said suit filed A.S.No.7 of 2013 before the First Appellate Court. The learned First Appellate Judge allowed the appeal by setting aside the decree and judgment of the Trial Court. Aggrieved thereby, the unsuccessful plaintiff approached this Court by way of second appeal.

5. For the sake of convenience, both parties in the appeal will be referred to as they are arrayed in the original suit.

6. The case of the plaintiff, in brief, as set out in the plaint averments in O.S.No.385 of 1998, is as follows:

The defendant is the absolute owner of the plaint schedule property.She sold away an extent of 2000 sq. yards of vacant site out of Ac.1-00 cents of land for a total consideration of Rs.2,00,000/- and executed a suit agreement of sale, dated 06.06.1996. The plaintiff paid an amount of Rs.50,000/- towards advance sale consideration under the suit agreement of sale and as per the recitals of agreement of sale, the defendant has to obtain certified copy of the final decree passed on 09.04.1996 after engrossing the same on N.J. stamp papers and to get Urban Land Ceiling permission on or before 05.12.1996 for the purpose of registration of sale deed in favour of the plaintiff or in the name of his nominee. The recitals of sale agreement reveals that in case the defendant is not ready with necessary permissions and documents within the above period, she has to pay interest at 24% per annum on the advance amount till the date of registration. Likewise, the plaintiff is also liable to pay interest at the same rate on the balance sale consideration, if he is not ready to obtain sale deed even though the defendant is ready to execute and register the sale deed. The plaintiff on 24.09.1997 paid another sum of Rs.50,000/- out of the balance sale consideration of Rs.1,50,000/- and the defendant agreed to obtain copy of the final decree passed in I.A.No.2405 of 1996 in O.S.No.190 of 1990, dated 09.04.1996, the Urban Land Ceiling permission and the Encumbrance Certificate and to execute a registered sale deed in favour of the plaintiff or in favour of his nominee within three months from that date as she failed to obtain copy of the final decree from the Court by that date in view of non cooperation by all the parties in the said suit in depositing the Non Judicial Papers. To that effect, an endorsement was made on the reverse of the agreement of sale, dated 24.09.1997, subsequent to that the defendant failed to get other documents except the copy of final decree within the stipulated time. The defendant on 17.11.19