M JAYA RAO Vs. MAGANTI KRISHNA RAO

JUDGEMENT

(1.) Both appeals arise out of the two separate judgments and the subject matter of the appeals is a house property, which is first floor portion of the premises bearing No.209 of West Maredpalli, Secunderabad including the garage room with common rights.

(2.) The plaintiff in O.S.No.280 of 1998 which relates to the Transfer C.C.C.A.No.303 of 2007 is the defendant is O.S.No.257 of 1990 relating to C.C.C.A.No.17 of 2000, is the appellant in both the appeals.

(3.) The suit O.S.No.280 of 1998 was filed for specific performance of the agreement of sale dated 05-11-1978. According to the plaintiff, the value of the consideration was Rs.1,05,000/- and Rs.15,000/- was paid in advance on the date of agreement of sale and the balance was paid on 16-10-1986, 17-10-1986 as the 1/5th share of the plaintiff in the lands sold for a consideration of Rs.4,69,125/-was adjusted towards the sale consideration when the joint property was sold. In spite of repeated demands, the defendant did not execute the agreement of sale and consequently the present suit was filed.