DEVA SAHAYAM Vs. P SAVITHRAMMA

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 19-1-2004 passed by a Division Bench of the Andhra Pradesh High Court whereby and whereunder the appeal preferred by the Appellant herein from a judgment and order dated 3-6-2002 passed by the II Senior Civil Judge, City Civil Court, Hyderabad in O.S. No. 307 of 1998 was dismissed.

(2.) The basic fact of the matter is not in dispute. The Appellant herein was a tenant of the predecessors-in-interest of the Respondent Nos.1 to 4. Allegedly, an oral agreement of sale was entered into by and between the Appellant and the Respondents for a total consideration of Rs. 80,000/-. Allegedly, for execution of the deed of sale approval of the Ceiling Authorities was necessary wherefor the draft deed of sale was filed before the Ceiling Authorities. The said approval is said to have been granted in the year 1977. According to Appellant, the factum of grant of approval of the said deed of sale was not conveyed and only in the year 1997 he came to learn thereabout whereafter the said suit for specific performance of the contract was filed. During the pendency of the suit, the Respondent alienated the suit property in favour of the Respondent Nos. 6 and 7 herein by reason of a deed of sale dated 10-3-1998.

(3.) A written statement was filed on 20th July, 1998. In the said written statement, however, no counter-claim was filed. The Appellant herein filed an application for amendment of plaint inter alia questioning the alienation by the original defendants in favour of defendant No. 6 and praying for declaration that the deed of sale dated 10-3-1988 executed by defendant Nos. 2 to 5 in favour of Respondent Nos. 6 and 7 herein is null and void.