R VENKATRAM REDDY Vs. JETAMONI GOURAMMA

JUDGEMENT

(1.) THIS revision is directed against the order dated 17-02-2010 passed in I.A. No. 553 of 2009 in O.S.No. 91 of 2007 on the file of the Senior Civil Judge at Nagarkurnool, whereby and whereunder, the learned Senior Civil Judge dismissed the petition filed by the petitioners under Article 47-A of the Stamp Act read with Section 151 CPC.

(2.) THE respondent is the plaintiff and whereas the petitioners are the defendants in O.S.No. 91 of 2007 on the file of the Senior Civil Judge, at Nagarkurnool, THE plaintiff filed the suit for specific performance of contrt of sale. According to the plaintiff, the 1st defendant as Kartha and Manager of the Joint-family offered for sale of land known as KHASI REDDY WANIKUNTA to an extent of Ac. 7-22 guntas situated at Tandoor village and Mandal, Mahabubnagar District. THE plaintiff agreed to purchase land and paid X 50,000/- on 29-11-2004 and ? 1,00,000/- on 12-3-2005 and ? 1,49,000/- on 7-6-2005. Thus, she paid total consideration of ? 2,99,000/- and the balance to be paid is X 2,67,250/-. Despite her readiness and willingness for payment of the remaining sale consideration, the defendants evaded to receive balance sale consideration and execute the registered sale deed. Hence, she filed suit for specific performance of contract of sale. THE defendants filed written statement disputing the very contract of sale. THE plaintiff while being examined as P.W.I marked the receipt-cum-agreement of sale dated 29-11-2004 as Ex.A-1. THEreafter, the defendants filed I.A.No. 553 of 2009 under Article 47A Explanation-1 of Stamp Act read with Section 151 CPC with the following relief:-

(3.) HEARD learned counsel appearing for the parties.