LAKSHMI SREENIVASA COOPERATIVE BUILDING SOCIETY Vs. PUVVADA RAMA

JUDGEMENT

(1.) These appeals arise out two separate suits filed for specific performance of agreements of sale in respect of land admeasuring Ac. 7.86 cents (3.18 hectares) in Survey No.59/2, situated in Kundavari Khandrika Village within the Sub Registry of Vijayawada.

(2.) The original respondent No.6, namely, Allu Appalanarayana, had filed a suit for specific performance before the Court of Subordinate Judge, Vijayawada, being Original Suit No.99/1981 for specific performance of the agreement dated 22nd November, 1979 executed in his favour by Puvvada Chandrashekhara Rao and Puvvada Siva Prasad, which was dismissed by the Trial Court on 20th October, 1997. Civil Appeal No.6625 of 2008 emanates from the said proceedings.

(3.) The appellant Society (appellant in both the appeals before this Court) had also filed a suit in respect of the selfsame land for specific performance of the agreement of sale dated 16th October, 1981 read with the earlier agreement dated 30th June, 1977. Even this suit filed before the Subordinate Judge at Vijayawada, being O.S. No.351 of 1982 was dismissed by the Trial Court by common judgment dated 20th October, 1997. Civil Appeal No.6620 of 2008 arises from the said proceedings.