TARIGOPPULA KONDALA RAO Vs. DODDA VENKATESWARA REDDY

JUDGEMENT

(1.) The deceased-1st Appellant filed O.S. No. 213 of 1995 in the Court of Junior Civil Judge, Markapur, against the Respondents for the relief of specific performance of an agreement of sale, dated 17.06.1998. During the pendency of the suit, he died and his legal representatives i.e., Appellants 2 to 8 were brought on record. The trial Court dismissed the suit, through its judgment, dated 12.08.2003. Thereupon, the Appellants filed A.S. No. 197 of 2007 in the Court of VI Additional District Judge, Markapur. The appeal was dismissed on 27.06.2008. Hence, this second appeal.

(2.) The brief facts are that the 2nd Respondent is the absolute owner of the suit schedule property. He is said to have executed an agreement of sale in favor of the 1st Respondent on 20.08.1985, marked as Ex.A.1. The 1st Respondent, in turn, is said to have executed another agreement of sale, dated 17.06.1988, marked as Ex.A.2, in favor of the Appellants. It was pleaded that the 2nd Respondent received entire consideration, delivered possession of the land and has agreed to execute sale deed in favor of the 1st Respondent or his nominee and since the 1st Appellant happens to be the nominee of the 1st Respondent, the 2nd Respondent was under obligation to execute a sale deed.

(3.) Respondents 1 and 2 remained ex parte. The suit was contested by the 3rd Respondent alone. She stated that the suit schedule property was conveyed to her, through sale deed, dated 14.03.1989, marked as Ex.B.2, by the 2nd Respondent.