EMANI KRISHNA RAO Vs. VIJAYA CHITRA FILMS

JUDGEMENT

(1.) This Appeal is filed by the appellant/1st plaintiff in OS No.310/ 82 on the file of Principal Subordinate Judge, Visakhapatnam. The appellant/1st plaintiff along with other two plaintiffs Venkata Jagannadha Rao and Ramachandra Rao filed the suit for the relief of specific performance of an agreement of sale dated 12-8-1979 directing the defendants 1 to 15 in the suit to execute a sale deed in favour of the plaintiffs for Rs.2,50,000/- in respect of plaint B Schedule property and for delivery of possession of the same or directing defendants 2 to 5 in the suit to execute sale deed in respect of 1065 sq.metres covered by the building portion which was permitted to be retained by them by 6th defendant in the suit under the provisions of Urban Land Ceiling Act on payment of proportionate consideration or in the alternative directing defendants 1 to 15 to pay a sum of Rs.2,40,000/- as damages and also directing defendants 1 to 5 in the suit to refund a sum of Rs.10,000/- with subsequent interest and for costs of the suit. The trial Court had recorded the evidence of PW1, the 2nd plaintiff in the suit who had not preferred the appeal and also DW1, the 4th defendant and DW2, the 12th defendant in the suit and had marked Exs.Al to A18 and Exs.B1 to B11 and on appreciation of the oral and documentary evidence, the trial Court had decreed the suit in favour of the plaintiffs and defendants 1 and 3 to 5 for refund of Rs.10,000/- with subsequent interest at 24% from the date of suit till realisation with proportionate costs and the rest of the reliefs claimed by the plaintiffs in the suit against defendants 6 to 16 had been negatived, but in the facts and circumstances without costs.

(2.) As already stated supra, the 1st plaintiff alone had preferred the present appeal. The 1st defendant in the suit i.e., 1st respondent in the appeal is the firm, represented by the 2nd respondent Ichapurapu Ramakrishna Rao who died and as against respondents 8 to 18 in the appeal i.e., subsequent purchasers and also Special Officer and Competent Authority, Urban Land Ceiling, Visakhapatnam, the appeal was dismissed for default, vide Court order dated 3-3-1998.

(3.) For the purpose of convenience, the parties in the appeal are referred to as shown in the suit.