N SATYANARAYANA Vs. VEDPRAKASH DUSAJ

JUDGEMENT

(1.) Saying goes "Acts of over confidence boomerang irretrievably." This became a reality. A legal practitioner who became victim of this saying could not succeed in a suit for specific performance of agreement for sale.

(2.) Both the appeals can be decided by a common judgment as they are inter-linked. The decision in C.C.C.A. No. 81 of 1996 would govern the matter covered by C.C.C.A. No. 27 of 1996. Therefore, the former is decided in the first instance.

(3.) C.C.C.A. No. 81 of 1996 was filed by unsuccessful plaintiffs assailing the judgment and decree of the learned IIIrd Additional Judge, City Civil Court, Secunderabad in O.S. No. 1783 of 1987, dated 22-1-1996. Plaintiff filed a suit for specific performance of the contract of agreement of sale dated 22-10-1975 and for consequential direction to defendants to deliver constructive possession of the remaining ground floor by attorning the tenancy in favour of the plaintiff, with a further direction to the defendants Nos. 1 and 2 to execute sale deed in respect of the lease hold interest of the plot No. 13 bearing Municipal No. 5-3-33 admeasuring 2,649 sq. ft. situated at Zeera, Secunderabad.