PUDICHERI LALITHAMMA PADMAMMA Vs. BALINA CHENCHU RAMAIAH

JUDGEMENT

(1.) The 1st respondent herein filed O.S.No.631 of 2020 before the Principal Junior Civil Judge, Ongole for specific performance of an agreement of sale dtd. 03/12/1994 against the petitioners herein and the 2nd respondent herein.

(2.) The contention of the 1st respondent herein, in the plaint, is that the grandfather of the 2nd petitioner herein along with the 1st petitioner had executed an agreement of sale in favour of the 1st respondent, for sale of the suit property on 03/12/1994. As the 1st petitioner had acquired title and possession, by way of a Registered Document No.5039/82 and the grandfather of the 2nd petitioner had acquired right and title by virtue of a preliminary decree in O.S.No.2 of 1974 against which A.S.No.1322 of 1984 was filed, it was agreed that the parties to the agreement would wait till the disposal of A.S.No.1322 of 1984 and thereupon, the 1st respondent would be granted three months time from the date of disposal of A.S.No.1322 of 1984, to pay the remaining sale consideration and obtain a deed a sale from the vendors under the agreement. A.S.No.1322 of 1984 was disposed of on 16/6/2008. Thereafter, a registered notice dtd. 13/1/2020 was issued to the vendors in the agreement to come forward and receive the remaining sale consideration and execute the sale. This was disputed by way of a reply of legal notice, sent by the father of the 2nd petitioner. Ultimately, the 1st respondent filed O.S.No.631 of 2020, for specific performance of the said agreement of sale.

(3.) After notice, the petitioners herein appeared before the trial Court and filed I.A.No.54 of 2021, for rejection of the plaint under Order VII Rule 11 (d) of C.P.C.