IN THE HIGH COURT FOR THE STATE OF TELANGANA AT: HYDERABAD HON’BLE SRI JUSTICE K. LAKSHMAN AND HON’BLE JUSTICE B.R.MADHUSUDHAN RAO APPEAL SUIT No.95 OF 2022 Date:05-05-2026 Between:

M/s Pooja Crafted Homes Pvt. Ltd. … Appellant And Mr Riazuddin Ahmed …Respondent This Court passed the following:-

JUDGEMENT

Heard Sri V. Ravinder Rao, learned senior counsel representing Sri Atla Abhinandhan Reddy, learned counsel for the appellant and M. Narender Reddy, learned Senior Counsel representing Sri P.Raghavendra Reddy, learned counsel for the respondent.

2. This appeal is filed under Section 96 of CPC assailing the judgment and decree dated 09.12.2021 passed in O.S. No.412 of 2015 by the learned Special Sessions Judge for Trial of Cases under SC & ST (POA) Act – cum – VII Additional District Judge, Ranga Reddy District at L.B.Nagar.

(for sake of convenience, the parties hereinafter are referred to as plaintiff and defendant)

3. The appellant – plaintiff filed the suit O.S.412 of 2015 against the respondent herein – defendant for specific performance of agreement of sale dated 01.08.2011 and for delivery of possession of the suit schedule property i.e. agricultural land admeasuring Ac.2-19 guntas in Sy.No.163/A, situated at Kismathpur village, Rajendra Nagar, Ranga Reddy District.

4. Plaintiff filed the aforesaid suit contending:-

i. The plaintiff is a company.

ii. The defendant is the absolute owner and possessor of the suit schedule property having purchased from Md. Muktedan Khan S/o Late Md. Mustaffa Khan under a registered sale deed bearing No.3622/1988 dated 15.05.1987.

iii. The defendant offered to sell the suit schedule property to the plaintiff for sale consideration of Rs. 90,00,000/- per acre subject to the measurements and other terms and conditions.

i. The plaintiff and the defendant entered into an agreement of sale on 01.08.2011 on specific terms and conditions mentioned therein, on payment of an advance of Rs.25,00,000/- vide two cheques bearing No.567757 dated 04.08.2011 for Rs. 10,00,000/- and a cheque No. 567758 dated 20.08.2011 for Rs.15,00,000/- drawn on HDFC Bank, Himayathnagar Branch. The defendant had received, acknowledged and encashed the said cheques.

ii. As per the Clause No.4 of the agreement of sale, the plaintiff agreed to pay the balance sale consideration within three months from the date of the agreement of sale basing on the measurements of the land physically, and the defendant agreed to execute register sale deed in respect of the suit schedule property.

iii. As per Clause No.6 of the agreement, the balance sale consideration amount is to be paid for finalizing the sale deed only on the demarcation of boundaries and making out clear marketable title by the defendant.

iv. As per Clause No.10 of the agreement of sale, the plaintiff got published a public notice on 04.12.2011 in two local daily newspapers in ‘Eenadu’ and ‘Siasat’.

v. Mr. Tausif Kureshi got published reply notice on 27.11.2012 in ‘Siasat’ Delhi, raising serious dispute with regard to the property.

vi. As per Clause No.10 of the agreement, the plaintiff demanded the defendant to rectify the said objection so as to finalize the same transaction.

vii. The plaintiff came to know that the defendant and said Tausif Kureshi are close relations and in collusion with each other, they brought the said objection with an intention to postpone the execution.

viii. The plaintiff got issued a letter dated 02.02.2015 to the defendant stating that it is ready and willing to perform its part of contract, requested him to clear the objections raised by Mr. Tausif Kureshi and to execute register sale deed by receiving the balance sale consideration. But the defendant postponed the same saying that a suit in O.S.No.533 of 2013 filed by said Mr. Tausif Kureshi, his brother-in-law, is pending and the defendant has to clear the said litigation.

ix. On 21.12.2015, the plaintiff demanded the defendant for execution and registration of the sale deed but the defendant did not res