CHODEM JAYAKUMARI Vs. THANNERU VENKATA KRISHNAIAH

JUDGEMENT

(1.) Heard both the counsel.

(2.) Aggrieved by the order and decree dated 27.01.2011 passed by the court of I Additional District and Sessions Judge, Nellore in I.A.No.1870/2009 in O.S.No.69/2008, in dismissing petition filed by the proposed party under Order 1 Rule 10 of C.P.C. to come on record as 2nd defendant, the present revision is filed.

(3.) The plaintiff filed the suit for specific performance against the defendant. The case of the plaintiff is that the father of the defendant late Krupanandam, executed a settlement deed dated 2.6.1992 in favour of his son, who is the defendant and thereafter, the defendant raised loan and constructed the building. He offered to sell the same to the plaintiff for a consideration of Rs.13,70,000/- and received a sum of Rs.1,00,000/- and subsequently on 22-10-2007, the defendant also received Rs.2,00,000/- towards advance of sale consideration. Thereafter, as the defendant failed to execute the sale deed, the plaintiff filed the suit for specific performance.