1. This appeal is filed by the appellant-defendant aggrieved by the
judgment and decree passed in O.S.No.157 of 2015, dated 23.10.2019
by the I Additional District and Sessions Judge, Warangal.
2. The respondent-plaintiff has filed suit under Section 26 r/w
Order 7 Rule 1 of Civil Procedure Code, 1908 and under Sections 36
and 38 of Specific Relief Act against the appellant-defendant with a
prayer to direct the defendant to register the suit schedule property in
his favour (respondent-plaintiff), in alternative the defendant
(appellant herein) is directed to repay the amount of Rs.23,70,333/-
(Rupees Twenty Three Lakhs Seventy Thousand and Three Hundred
and Thirty Three only) and to award costs of the suit.
3.1. Respondent-plaintiff and the appellant-defendant are residing in
Parkal Town and they are known to each other. Appellant-defendant
approached the respondent-plaintiff on 09.04.2010 with a request to
lend Rs.10,00,000/- stating that he wants to construct a house in the
Plot purchased by him and he deposited his Deed of Agreement of
Sale, dated 11.11.2009 with the respondent-plaintiff and promised to
pay interest @ 2% per month on the loan amount and he will clear the
4/11 BRMR,J
AS.No.75_2020
same by 31.03.2013. Appellant-defendant undertook that in case of
his inability in making the repayment of the loan amount of
Rs.10,00,000/- before 31.03.2013 with interest @ 2% which will be
treated as the value of the house constructed. As per the recitals of
the agreement, dated 09.04.2010, the appellant-defendant has to
register the house property in favour of the respondent-plaintiff. The
respondent-plaintiff has paid the above said amount to the appellant-
defendant in the presence of the witnesses. Appellant-defendant has
obtained loan for construction of the house in the Plot purchased by
him and got the Grampanchayath assessment number as 5-183/1/C.
3.2. Since more than 2 years and 8 months the appellant-defendant
has not come forward to settle the issue and that the respondent-
plaintiff is not a money lender, he made several requests to the
appellant-defendant to repay his money back with interest but he did
not care. Finally, the respondent-plaintiff got issued legal notice on
03.12.2015 calling the appellant-defendant to perform his part of
contract either to pay the money or to get the house property and Plot
register in his name within one week from the date of receipt of the
notice. Appellant-defendant received the notice on 07.12.2015 and he
got issued reply notice on 10.12.2015 with false allegations. The
amount payable by the appellant-defendant to the respondent-plaintiff
is as follows: