NEELAM WILLAMS Vs. MOHAMMAD IQBAL PASHA

JUDGEMENT

(1.) Short episode: The learned Additional Senior Civil Judge at Eluru, disposed of OS No. 149 of 1990 and OS No. 135 of 1993 by a common judgment dated 9th day of June 1999. OS No. 149 of 1990 was filed praying for the relief of specific performance of an oral agreement of sale. OS No. 135 of 1993 was filed for eviction of tenants and for recovery of rents or damages for use and occupation or in the alternative for recovery of possession and mesne profits or damages for use and occupation in relation to the plaint schedule property.

(2.) The learned Additional Senior Civil Judge at Eluru, in the light of the respective pleadings of the parties having settled the issues, recorded common evidence in OS No. 149 of 1990 with the consent of both the parties, evidence of PWs.1 to 6, DWs.1 to 9, marked Exs.Al to A14, Exs.Bl to B25 and after recording findings in detail came to the conclusion that the relief of specific performance prayed for in OS No. 149 of 1990 to be negatived and accordingly dismissed the said suit with costs and decreed OS No. 135 of 1993 aforesaid.

(3.) Aggrieved by the decree and judgment made in OS No.149 of 1990, the unsuccessful plaintiff filed AS No.3091 of 1999. The said unsuccessful plaintiff in OS No.149 of 1990 being the third defendant in OS No.135 of 1993 had preferred AS No.2194 of 1999.