MOHD ISHAQ Vs. STATE OF A P

JUDGEMENT

(1.) These are three matters which were heard together. They pertain to the same subject-matter therefore they are decided by this common judgment. CCCA No. 55 of 1995

(2.) The appeal was filed against the judgment in OS No.230 of 1993. The suit was for specific performance. It was alleged by the plaintiffs that the defendants in the suit had executed an agreement on 21st August, 1991 for sale of a plot of land. By judgment and decree dated 26-4-1994 the suit was decreed and the defendants therein filed this appeal. During the. course of the appeal the successful plaintiffs who are the respondents have filed a Memo stating that during the pendency of the proceedings the schedule property has been taken over under the provisions of Land Acquisition Act and the property is now under the use and occupation of the beneficiaries as such the defendants i.e., appellants cannot deliver the property to the plaintiffs-respondents, therefore the decree of the Court below has become ineffective and inoperative.

(3.) In view of this development the decree of the trial Court having become inoperative, the appeal is accordingly disposed of, but liberty is granted to the parties to workout their remedies, if any available, under the Land Acquisition Act. WP No. 13885 of 1988.