CHENNADI JALAPATHI REDDY Vs. BADDAM PRATAPA REDDY

JUDGEMENT

(1.) These appeals are directed against the impugned judgment dated 12.06.2008 passed by the High Court of Andhra Pradesh at Hyderabad in Appeal Suit No. 1404 of 2004 and Cross-Objection (SR) No. 50168 of 2004.

(2.) By the impugned judgment, the High Court has reversed the judgment of the Trial Court dated 05.12.2003 passed by the IIIrd Additional District Judge at Karimnagar in O.S. No. 91 of 1996, in which the Trial Court had decreed the suit.

(3.) A suit for specific performance was filed by the plaintiff, Chennadi Jalapathi Reddy (the appellant herein) in respect of the agreement of sale dated 20.04.1993 pertaining to House No. 1-5-266 (new) situated at Kaman Road, Karimnagar. It is his case that the first defendant in the suit, Baddam Pratapa Reddy (the first respondent herein, now deceased) agreed to sell the suit schedule house in his favour; that he was always ready and willing to perform his part of the contract; and though he had sufficient money to get the sale deed registered and had brought the availability of money to the notice of the first defendant, the latter did not execute the sale deed in his favour. The first defendant and his brother, Baddam Ram Reddy, sold their respective shares in the suit house in favour of the second defendant, Neethi Satyanarayana (the second respondent herein) after execution of the agreement of sale in favour of the plaintiff. The suit was initially filed against the first defendant. The second defendant was impleaded subsequently. It is relevant to note here that the plaintiff purchased half of the suit property from the second defendant after the impugned judgment was passed by the High Court.