L NARAYAN REDDY Vs. P NARAYAN REDDY

JUDGEMENT

(1.) THE plaintiff is the revision-petitioner.

(2.) THE revision-petitioner, impleading the respondents herein as defendants, has filed a suit for Specific Performance of contract, seeking direction to the defendants to execute a sale deed in respect of some immovable properties. According to revisionpetitioner/plain tiff, the first defendant had agreed to sell the suit property on his behalf and on behalf of his minor and in pursuance of the same, he had also executed a sale agreement in his favour agreeing to sell the property for a sum of Rs, 1,50,000/ -. It is the further case of the plaintiff/revision -petitioner, as seen from paragraph 4 of the plaint that because of the suit filed by the first defendant in O. S. No. 39/96 on the file a District Munsif, Hosur, he was unable to complete the sale transaction and there was some dispute. It is the further contention of the revision-petitioner as seen from paragraph 8 of the plaint that because of the pendency of the suit, the plaintiff was legally prevented from filing the suit for specific performance and, therefore, the suit is not barred by limitation. On the above basis, accusing the defendants, as if they have committed breach of contract, the suit was filed for specific performance in the year 1996 and the said suit is still pending.

(3.) THE contesting defendants/respon dents filed a detailed written statement informing the Court, how the suit is barred by limitation and how the plaintiff is not entitled to a decree for specific performance. On the basis of the plea and counter-plea, after framing issues, the trial has been commenced and at present, P. W. 1 was examined.