CENTRAL BANK OF INDIA STAFF CO OPERATIVE BUILDING SOCIETY LIMITED VIJAYAWADA Vs. DULIPALLA RAMACHANDRA KOTESWARA RAO

JUDGEMENT

(1.) These appeals are preferred by the sole plaintiff in O.S. Nos. 504 and 983 of 1993 filed for specific performance of agreements of sale on the file of the II Additional Senior Civil Judge, Vijayawada.

(2.) The plaintiff in both the suits is the Central Bank of India Staff Co-operative Buildings Society Ltd. Vijayawada represented by its President, "which was formed with the sole object of securing land for construction of houses to its members. The respondent and his mother executed two separate agreements of sale covered by O.S. No. 504 of 1993 and O.S. No. 983 of 1993 respectively on 10-12-1974. Since his mother died before filing of the suit, and as the respondent-defendant is the sole legal heir to his mother, both the suits were filed against him for specific performance of agreements of sale. Subsequently, by an order dated 30-7-2001 passed in I.A. No. 723 of 2001 the trial Court added his wife and son as defendants 2 and 3 in O.S. No. 983 of 1993 which relates to the agreement of sale executed by the defendant's mother. The averments in both the suits are almost common, therefore, the lower Court recorded common evidence and disposed of the suits through its common judgment dated 8-4-2002.

(3.) The averments of the plaints in both the suits are briefly as follows :