THE HONOURABLE SMT. JUSTICE K. SUJANA APPEAL SUIT NO.748 OF 2003

JUDGMENT:

This appeal is filed by the appellant aggrieved by the judgment and decree dated 27.01.2003 in O.S.No.29 of 2001 on the file of Senior Civil Judge, Jangaon.

2. The appellant herein is the defendant and the respondent is the plaintiff in the above suit. O.S.No.29 of 2001 was filed by the plaintiff to grant decree for specific performance of agreement of sale dated 07.04.1999 and 24.07.2001 in favour of plaintiff and to execute a registered sale deed by delivering possession of suit schedule ‘A’ and ‘B’ properties in favour of plaintiff, by the defendant. The defendant is the absolute owner and possessor of a vacant land admeasuring 300 sq. yards in Sy.No.164, comprised in part of H.No.6-2-6, situated at Hyderabad Road, Jangaon Town, Warangal District. The defendant sold an extent of 100 Sq.yards of land to the plaintiff and executed a sale agreement on 07.04.1999, for a sale consideration of Rs.2,00,000/-. The property covered by the sale agreement is "A" schedule property. Later, the defendant sold another extent of 50 sq. yards of land to the plaintiff on

24.07.2001, for a sale consideration of Rs.1,25,000/-, which is the "B" schedule property and she paid an amount of Rs.1,30,000/- as earnest money, and the defendant agreed to execute a sale deed after payment of the balance sale consideration. The plaintiff paid the entire sale consideration of Rs.2,00,000/- under the first agreement, and Rs.20,000/- was paid towards earnest money under the second agreement. The plaintiff is willing to perform her part of contract, but the defendant did not come forward and sent a notice on 01.11.2001, with false allegations denying his liability to execute registered sale deed and plaintiff replied to the notice asking the defendant to execute a registered sale deed on or before 03.11.2001. The defendant received reply notice on 07.11.2001, but did not respond further. The plaintiff is ready and willing to pay the balance sale consideration under the second agreement and take a registered sale deed from the defendant.

3. The defendant filed a written statement contending that there was an oral understanding between the parties that time is the essence of contract. According to this understanding, the plaintiff was supposed to pay the balance consideration and obtain the registered sale deed within three months, i.e., by 07.07.1999. The defendant never intended to sell ‘B’ schedule property, he denied execution of sale agreement dated 24.07.2001, for 50 Sq. yards of land, and alleged that it was a fabricated document created by the plaintiff. The defendant also denied receiving an amount of Rs.50,000/- on 22.03.2001, and Rs.20,000/- on 16.06.2001, as alleged by the plaintiff. It was further alleged that the plaintiff's husband, M. Srinivas Reddy, and others kidnapped him from the bus stand near the District Court premises, Hanamkonda on 26.09.2001, and obtained his signatures on blank papers forcibly under threat. The defendant lodged a complaint with the police, and a case was registered in Cr.No.373 of 2001 on 27.09.2001, under Section 365 of IPC, which is pending investigation. Further, the defendant accused the plaintiff of approaching the Court with unclean hands, guilty of fraud, forgery, and fabrication of false documents, and suppressing the truth.

4. The defendant further stated that subsequent to execution of the sale deed dated 07.04.1999, there was interference by his own brothers, Md. Rafique and Md. Rasool, which led him to file a suit vide O.S.No.95 of 2001 on the file of the Junior Civil Judge's Court at Jangaon, and obtained an ex-

parte interim injunction restraining the respondents from interfering with the 300 sq. yards of land in Sy.No.163 and the plaintiff, on coming to know about filing of the suit, got the present suit filed based on fabricated documents. Hence, prayed for dismissal of the suit.

5. Basing on the above pleadings, the trial Court fr