JUDGMENT :

(A. Rajasheker Reddy)

A.S.No.998 of 2010

1. This Appeal Suit is filed against judgment and decree dated 12.11.2010 in O.S.No.88 of 2002 wherein and whereby the trial Court dismissed the suit filed by the appellant/plaintiff against the respondents/defendants for specific performance in respect of agreement of sales dated 26.03.1997 and 27.03.1997.

2. For the sake of convenience, the parties hereinafter will be referred to as arrayed in the suit.

It is the case of the plaintiff that the defendants 1 to 4 are the owners of the agricultural land admeasuring Acs.141.05 gts in Sy.Nos.300 to 309 in Budwel Village, Rajendernagar Mandal (for short ‘the suit schedule property’). The suit schedule property was purchased by Debbad Narayana, father of defendant Nos.1 and 2 through registered sale deed No.127 of 1969, dated 26.02.1969 from Mohd. Abdul Khader. The said D.Narayana and defendants 1 to 4 agreed to sell an extent of Acs.127.29 guntas out of the total extent to defendant Nos.5 to 10 and executed an agreement of sale dated 19.03.1994 and defendant Nos.5 to 10 were also put in possession of the property to an extent of Acs.65.23 gts. As per the terms of the said agreement, the defendant Nos.1 to 4 and said late D.Narayana executed two Powers of Attorney in favour of defendant Nos.5 and 6. Subsequently, on payment of balance sale consideration, the remaining land was also delivered to the defendant Nos.5 to 10, as such, the defendant Nos.5 to 10 were put in possession of entire extent of Acs.127.29 gts. In pursuance of the agreement of sale in favour of defendants 5 to 10 dated 19.03.1994 and two power of Attorneys executed by defendant Nos.1 to 4 and D.Narayana in their favour, they agreed to sell an extent of Acs.38.15 gts of land covered by Sy.Nos.301 (part), 302, 303 and 304 (part) @Rs.1,00,000/- per acre, for a total sale consideration of Rs.38,37,500/- and for that purpose executed an agreement of sale dated 26.03.1997 (Ex.A5) in favour of the plaintiff. The defendant Nos.5 and 6 also agreed to sell an extent of Acs.1.33 gts of land in Sy.No.304 part to the plaintiff @ Rss.1,00,000/-per acre for a total sale consideration of Rs.1,82,500/- under an agreement of sale dated 27.03.1997(Ex.A4). Under an agreement of sale dated 26.03.1997, the defendant Nos.5 to 10 received advance sale consideration of Rs.34,70,000/- and also an advance amount of Rs.10,850/- in respect of agreement of sale dated 27.03.1997 was received by the defendant Nos.5 to 10. Thus, under the two sale agreements, out of total sale consideration of Rs.40, 20,000/-, the plaintiff paid a sum of Rs.34, 80,850/- and balance payable under the said two agreements is Rs.5, 39,150/-. It is asserted that in pursuance of the said two sale agreements, the plaintiff was put in possession of the suit schedule property and since then the plaintiff has been in possession and enjoyment of the same and invested huge amounts. As per the two sale agreements, the defendant Nos.5 to 10 have to obtain necessary permissions and certificate from the concerned authorities and to furnish the same to the plaintiff within three months from the dates of agreement of sales but the defendant Nos.5 to 10 failed to comply the same, even though the plaintiff is always ready and willing to perform his part of the contract. The plaintiff also demanded the defendants on many occasions to execute registered sale deeds in terms of the agreement of sales by performing their part of the agreement i.e., by obtaining