* THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO % 11—09—2025 # Sri Avula Krishnaiah … Appellant vs.

$ Sri Banoth Shankar … Respondent !Counsel for the Appellant: Sri Sandeep Kumar Bodla ^ Counsel for Respondent : Sri Kowturu Pavan Kumar

>Head Note :

? Cases referred:

1. 1995 INSC 394

2. 1996 INSC 1245

3. 2010 SCC 15 601 : 2013 SCC CIV 2 235

4. Manu/SC/0142/2020

5. Civil Appeal No.10191 of 2018 of Supreme Court of India, dated 03.10.2018 6. 2024 INSC 507

7. AIR 2023 SC 282 IN THE HIGH COURT FOR THE STATE OF TELANGANA HYDERABAD * * * *

A.S.No.356 OF 2020 Between:

Sri Avula Krishnaiah … Appellant And Sri Banoth Shankar … Respondent JUDGMENT PRONOUNCED ON: 11.09.2025 THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO

1. Whether His Lordship wishes to see the fair copy of the Judgment? : Yes

2. Whether the copies of judgment may be Marked to Law Reporters/Journals? : Yes

3. Whether Reporters of Local newspapers may be allowed to see the Judgments? : No _____________________ B.R.MADHUSUDHAN RAO,J THE HON’BLE JUSTI CE B.R.MADHUSUDHAN RAO

JUDGMENT

:

1. This appeal is filed by the appellant-defendant aggrieved by the judgment and decree passed in O.S.No.24 of 2013, dated 20.01.2020 by the Special Sessions Judge for Fast Tracking the Case Relating to Atrocities against Women-Cum-VIII Additional District and Sessions Judge at Khammam.

2.1. The respondent-plaintiff has filed suit for specific performance of contract under Order VII, Rule 1 r/w Section 26(1) of Civil Procedure Code, 1908 in respect of the plaint schedule property against the appellant-defendant.

2.2. The prayer in the original plaint is a) to direct the defendant to execute the registered sale deed in favour of the plaintiff in respect of the suit schedule property by receiving the balance sale consideration, as per the terms of the agreement of sale, b) in case of failure of the defendant, the Hon’ble Court may be pleased to execute the registered sale deed on behalf of the defendant to the plaintiff, c) to award costs of the suit, d) to grant any other relief or relief’s, which the Hon’ble Court may deem fit and proper in the circumstances of the case.

2.3. The original plaint schedule is land to an extent of Ac.01-00 gts., in and out of Sy.Nos.315, 316 of Vandanam Village, Chinthakani Mandal, Khammam District with boundaries as East: V.Venkatayapem to Chinthakani Road, West: Land of Pannam Narayana, North: Land of Chilaka Venkateswarlu, South: Land of Kanagala Ramaiah.

3.1. The plaint is amended as per the orders in IA.No.3 of 2019 dated 02.12.2019. The amended prayer in the plaint is the same with that of the prayer (a) to (d), prayer (e) is added that is to direct the defendant (appellant herein) to refund an amount of Rs.3,00,000/- (Rupees Three Lakhs only) with interest @ 24% per annum from the date of receipt of the amount till the date of payment.

3.2. The Amended Schedule is land to an extent of Ac.0-20 gts., in and out of Sy.No.315/AA, land to an extent of Ac.0-20 gts., in and out of Sy.No.316/AA, a single compact block total to an extent of Ac.01-00 gts., of Vandanam Village, Chinthakani Mandal, Khammam District bounded by East: V.Venkatayapem to Chinthakani Road, West: Land of Vemu Chiranjivi and P.Narayana, North: defendant own land, South:

Land of Avula Krishnaiah.

4. It is stated in the plaint that respondent-plaintiff and appellant- defendant are acquainted with each other, the appellant-defendant offered to sell the land to the respondent-plaintiff for a total sale consideration of Rs.12,00,000/-. On 10.02.2012, appellant-defendant has executed an agreement of sale in favour of the respondent-plaintiff and received a sum of Rs.3,00,000/- and acknowledged the same, it was agreed to execute registered sale deed within 6 months in favour of the respondent-plaintiff or to his order on demand by receiving balance sale consideration of Rs.9,00,000/-. The appellant-defendant undertook that the property is free from all encumbrances and that the respondent-plaintiff was ready and willing to perform hi