AKULA RAMULU Vs. KAMMARI BALARAM

JUDGEMENT

(1.) This Second appeal is preferred against the judgment in A.S. No.27 of 1997 on the file of the III Additional District and Sessions Judge (Fast Track Court) at Nizamabad. A.S. No.27 of 1997, in turn, was preferred by the appellants herein against the order in E.A. No.58 of 1997 in E.P. No.9 of 1993 in O.S. No.8 of 1975, on the file of the Court of the Subordinate Judge, Nizamabad. The appellants are objection petitioners in the execution proceedings. The trial Court as well as the lower appellate Court rejected the objections raised by the appellants.

(2.) The relevant facts may briefly be stated as under:- The 1st respondent, by name Kammari Balaram, filed O.S. No.8 of 1975 in the Court of the Subordinate Judge, Nizamabad, against the 2nd respondent-Akula Bhumalingam, for the relief of declaration of title and recovery of possession. The 2nd respondent claimed his possession on the basis of agreement of sale in his favour from the 1st respondent. The trial Court found that the 1st respondent was the owner of the suit schedule property, being an assignee from the Government, the same was not alienable and accordingly decreed the suit as prayed for. The trial Court also directed the 1st respondent to refund the advance/sale consideration of Rs.5,500.00 received by him.

(3.) The 1st respondent preferred A.S. No.778 of 1978 in this Court feeling aggrieved by the decree of the trial Court, in so far as it directed refund of the sale consideration. A learned single Judge, through judgment dated 7-3-1983, held that the 1st respondent was not under obligation to refund the said amount. Aggrieved thereby, the 2nd respondent filed LPA No.104 of 1983. A Division Bench of this Court, through judgment dated 13-8-1987, directed refund of the amount and thereby upheld the decree of the trial Court. Having complied with the directions as regards repayment of the advance/sale consideration, the 1st respondent filed E.P. No.4 of 1993 for delivery of possession.