SAMPATHLAL Vs. SHYAMALAL

JUDGEMENT

(1.) The unsuccessful plaintiff, aggrieved by the reversing Judgment made in A. S. No. 169/89 on the file of Additional Chief Judge, City Civil Court, Secunderabad had preferred the present Second Appeal. The respondents 1 and 2 in the Appeal are defendants 1 and 2 in the suit O.S.No. 179/82 on the file of III Additional Judge, City Civil Court, Hyderabad at Secunderabad.

(2.) The parties are referred to as plaintiff and defendants as arrayed in the original suit for the purpose of convenience.

(3.) The plaintiff instituted the suit O. S. No. 179/82 on the file of III Additional Judge, City Civil Court, Hyderabad at Secunderabad praying for the relief of specific performance of the agreement of sale dated 6-1-1978. The 1st defendant filed written statement and also additional written statement. The 2nd defendant remained ex parte. On the strength of the respective pleadings of the parties Issues and additional Issues were settled and on behalf of the plaintiff, P.W.I was examined and Exs.A-1 to A-19 were marked. On behalf of the 1st defendant, D. W. I and D. W. 2 were examined and Exs.B-1 to B-3 were marked. On appreciation of the oral and documentary evidence, the Court of first instance had decreed the suit for specific performance of agreement of sale dated 6-1-1978. Aggrieved by the same, the 1st defendant preferred A. S. No.169/89 on the file of the Additional Chief Judge, City Civil Court, Secunderabad as against the plaintiff and the 2nd defendant as well and the appellate Court on appreciation of the questions of fact and questions of law, had reversed the said Judgment and decree of the Court of first instance and aggrieved by the same, the plaintiff preferred the present Second Appeal. Submissions of Sri P. Venugopal.