GARIKAPATI BHAGAVANTAM Vs. KAPILAVAI VENKATESWARA RAO

JUDGEMENT

(1.) This revision petition is filed against the order of the I Addl Subordinate Judge, Vijayawada, in E P No. 123 of 1985 in O S No. 296 of 1975 overruling the objections of the judgment-debtors in the E. P.

(2.) The plaintiff filed the suit O S No. 296 of 1975 for specific performance of agreement of sale dated 14-3-1971 executed by the grand father of the defendants in favour of the plaintiff by executing a sale deed and get it registered by the defendants after receiving the balance of sale consideration as may be found due from the plaintiff and if the defendants failed to do so to execute the sale deed and get it registered by the Court and for costs of the suit.

(3.) The said suit was decreed on 10-3-1976 after contest and the decree passed by the trial Court as follows : "..this Court doth order and decree........ "(i) that the defendants do execute and register a sale deed in favour of plaintiff after receiving the balance of sale consideration ie., Rs. 2,648-25 from the plaintiff within the month from to-day. (ii) It is further ordered and decreed in default of executing the sale deed by defendants, the plaintiff will be at liberty to get the sale deed executed through Court. (iii) It is further ordered and decreed that the defendants do pay plaintiff Rs. 2,827-30 Ps. towards costs of suit"