SAKAMURI SIVARAMBABU Vs. PRASAD SUNJAN RAJU
LAWS(APH)-1992-2-57
HIGH COURT OF ANDHRA PRADESH
Decided on February 17,1992

SAKAMURI SIVARAMBABU Appellant
VERSUS
PARASAD SUNJAN RAJU Respondents


Referred Judgements :-

SOMASUNDARAM PILLAI VS. MUTHUMANICKA NADAR [REFERRED TO]



Cited Judgements :-

GONUGUNTA GOPALA KRISHNA MURTHY VS. UPPALA JWALA NARASIMHAM [LAWS(APH)-2001-8-151] [REFERRED TO]


JUDGEMENT

Bhaskar Rao, J. - (1.)The plaintiff appellants preferred this C.M.A. against an order of the Subordinate Judge, Guntur, returning the plaint in C.F.R. No.11515 of 1991 (Unnumbered Original Suit) with a direction to deposit the balance sale consideration or purposes of entertaining the suit for specific performance of the agreement of sale.
(2.)The brief facts relevant for the present purpose are: On 10/12/1990 the defendant respondent executed an agreement of sale in respect of plaint 'A' schedule properties in favour of the plaintiffs for a total consideration of Rs.6,40,000.00 and received on the very same day an amount of Rs.50,000.00 (Rs.25,000.00 in cash and the balance of Rs.25,000.00 through cheque) towards advance purchase money agreeing to execute the regular sale-deed in the names of the plaintiffs or their nominees. Subsequently, the plaintiffs also paid Rs.90,000.00 on 22/12/1990 and Rs.20,000.00 on 20/4/1991. They also made arrangements for payment of the balance through the Life Insurance Corporation of India and that in fact the LIC had sanctioned a loan of Rs.3,10,000.00 to the 1st plaintiff and Rs.1,70,000.00 to the 2nd plaintiff. Inasmuch as the defendant was not co-operating with the plaintiffs in the execution of the regular sale-deed, they were forced to issue a registered notice on 12/7/1991 and ultimately file the present suit for specific performance of the agreement of sale.
(3.)The plaint was filed with the requisite stamps representing Court-fee and after complying with the other formalities. However, the Court below through the orders under appeal returned the plaint with a direction to the plaintiffs to deposit the balance of sale-consideration. Hence this miscellaneous appeal assailing the said order.
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