The court affirmed the specific performance of a contract where the plaintiff demonstrated readiness and willingness to perform, despite the defendants' failure to execute the sale deed.

JUDGMENT:

This Appeal Suit is filed by the appellants/defendants 1 & 2 aggrieved by the judgment and decree in O.S.No.28 of 2013 dated 27.09.2018 passed by the learned VII Additional District Judge at Mahabubnagar, wherein and whereby the suit filed by the respondent/appellant is decreed directing the appellants/defendants 1 and 2 to execute registered sale deed in favour of the respondent/plaintiff within one month from the date of decree by collecting sale consideration of Rs.5,00,000/- by the 2^nd appellant/2^nd defendant or the respondent/plaintiff was at liberty to deposit the said amount within 15 days thereafter, and to execute regular sale deed through the process of the Court.

2. For the sake of convenience and brevity, the parties hereinafter will be referred to as arrayed in the Original Suit.

3. Brief facts of the plaint, in a nutshell, are that the land admeasuring Acs.54.38 gts in Sy.Nos.135 to 140 situated at Edulapalli village of Kothur Mandal, Mahabubnagar (hereinafter will be referred to as “scheduled property”) was jointly purchased by one Mr.M.Ravi Varma and 1^st defendant under registered sale deed bearing document No.7554 of 2006 and each of them having undivided half share. The 1st defendant entered into an agreement of sale-cum-General Power of Attorney with the 2nd defendant and executed registered document bearing No.5546 of 2007 by receiving total sale consideration and possession thereof was also delivered authorizing him to sell the scheduled property purchased by him, as he wishes.

4. On coming to know that the 2nd defendant intending to sell the property purchased by him, the plaintiff negotiated with 2nd defendant, offered to purchase the property falling to his share out of the scheduled property for total consideration of Rs.25,00,000/- (Rupees twenty five lakhs only), entered into an agreement of sale on 10.06.2007 and paid Rs.10,00,000/-(Rupees ten lakhs only) towards advance sale consideration. The agreement of sale was prepared by the 2nd defendant and executed the same in the presence of witnesses. As per the terms of the agreement of sale, the 2^nd defendant has to execute registered sale deed in favour of the plaintiff after partitioning the scheduled property with the other co- sharer by receiving balance sale consideration. Ever since the date of agreement of sale, the plaintiff was ready and willing to perform his part of the contract to pay balance sale consideration and to get the sale deed executed in his favour. However, the 2^nd defendant postponed the execution of sale deed on one pretext or the other.

5. While things stood thus, on the request made by the 2nd defendant, the plaintiff again paid an amount of Rs.5,00,000/- (Rupees five lakhs only) on 02.06.2008, which was received by the 2^nd defendant and also acknowledged the receipt of the same by executing receipt dated 02.06.2008. Thereafter, though the plaintiff was ready and willing to perform his part of the contract to pay the balance sale consideration, the 2nd defendant postponed stating that the partition with his co-owner is not yet completed by metes and bounds. However, the 2^nd defendant requested the plaintiff in the month of January, 2012 to pay balance sale consideration for his immediate family necessities, for which, the plaintiff paid an amount of Rs.5,00,000/-(Rupees five lakhs only) to the defendant on 18.01.2012. The 2