PALTHUR HONOUR SAHEFO Vs. BOPANNA ANNAPURNAMMA

JUDGEMENT

(1.) Civil Revision Petition No. 2587 of 1982 by defendant-2 is directed against the common order dated 27-7-1982 passed by the Munsiff, Siruguppa, in 0. S No. 1 of 1981 allowing the amendment application I.A. No. 7. Civil Revision Petition No. 2637 of 1982 by defendant-2 is directed against the same said common order dated 27-7-1982 passed by the Munsiff, Siruguppa, in O.S. No. 2 of 1981 allowing the amendment application I.A. No. 7.

(2.) Gudavarthi Sathyanarayana Rao, defendant-1 in O.S. No 2 of 1981 (C R. P. No. 2637 of 1982) had entered into an agreement to sell an agricultural land with Bopanna Nagabhushanam on 27-1-1968. The said Bopanna Nagabhushanam died before the suit on 5-4-1968 leaving behind him the present plaintiffs in both the suits as his legal representatives. The legal representatives gave a notice calling upon defendant-1 Gudavarthi Sathyanarayana Rao stating that the entire sale consideration had been given to him and that Bopanna Nagabhushanam had been put in possession of the land and thus called upon him to execute the sale deed. In the meantime, defendant-1 Gudavarthi Satyanarayana Rao sold the land to defendant-2. Hence the plaintiffs filed the suit O.S. No. 2 of 1981 for specific performance of the agreement to sell.

(3.) Similarly in O.S. No. 1 of 1981 (C.R.P. No. 2587 of 1982) Gudavarthi Visweswara Rgo defendant-1 entered into an agreement to sell an agricultural land with Bopanna Nagabhushanam on 27-1-1968. He paid the entire consideration and he was put in possession by the vendor. The said Bopanna Nagabhushanam died on 5.4.1968. Thereafter his legal representatives i.e. the plaintiffs issued a notice to the said Gudavarthi Vishweswara Rao calling upon him to execute the sale deed. In the meanwhile, defendant No. 1 has sold the land in question to defendant No. 2. As he did not comply with the request, the plaintiffs filed O.S. No. 1 of 1981 for specific performance.