P VIJAYA LAKSHMI Vs. B BALAIAH

JUDGEMENT

(1.) These two appeals arose out of common judgment and decree dated 6.4.2004 passed in O.S. No. 598 of 1994 and O.S. No. 664 of 1997 on the file of I Additional Senior Civil Judge, Hyderabad, whereby, and whereunder, the learned Senior Civil Judge dismissed the suit for specific performance as well as suit for injunction. The specific performance suit being O.S. No. 598 of 1994 was filed by Smt. P. Vijaya Lakshmi Choudary and three others and whereas the injunction suit being O.S. No. 664 of 1997 was filed by Maj. P.T. Choudary. The plaintiffs in the respective suits are the appellants in these two appeals. The specific performance suit was filed basing on the Agency agreement dated 4.5.1991 and two letters dated 19.4.1993 and 28.4.1994 and whereas the injunction suit was filed three years after filing of the specific performance suit by the holder of agency agreement, dated 4.5.1991.

(2.) The facts leading to filing of these two appeals are as under:-

(3.) Smt. P. Vijaya Lakshmi Choudary, P. Virendernath Choudary, P. Lalitchandra Choudary and Kasula Constructions Pvt. Ltd. filed O.S. No. 598 of 1994 for specific performance of the agreement of sale in respect of the suit schedule properties. The suit schedule comprises two items. The 1st item admeasures 2856 square yards and the 2nd item admeasures 4536 square yards. Plaintiffs 1 to 3 In the specific performance suit claim to have purchased Item No. 1 whereas the 4th plaintiff claims to have purchased Item No. 2 for Rs. 12, 00,000/- and Rs. 22,00,000/- respectively and paid an advance of Rs. 4,00,000/- and Rs. 6,00,000/- respectively to Maj. P.T. Choudary, who is the 7th defendant in the specific performance suit and Plaintiff in the injunction suit. According to them, Maj. P.T. Choudary as an agent of the land owners, pursuant to the agency agreement, agreed to sell the suit schedule property under letter dated 19.4.1993, which has been exhibited as Ex. A, 3 and thereupon, Maj P.T. Choudary under letter dated 28.4.994, which has been exhibited as Ex. A-2, demanded the land owners namely B. Balaiah, B. Ramulu and B. Narayana, B. Shanti Kumar, B. Sanjay Kumar and K. Rashmi to execute registered sale deed in favour of the agreement holders. Since the land owners did not respond to Ex. A-2 letter dated 28.4.1994, they filed suit against land owners/defendants 1 to 6 and also their agent/defendant No. 7 for specific performance.