Y.VIJAYALAKSHMI Vs. J.RAVI SHARMA

JUDGEMENT

(1.) These two appeals are between the same parties and in relation to the same property. Hence, they are disposed of through a common judgment.

(2.) For the sake of convenience, the parties are referred to as arrayed in L.P.A.No.174 of 1999.

(3.) The appellant filed O.S.No.131 of 1980 in the Court of the Principal Subordinate Judge, Visakhapatnam, against Sri G.Punnayya, respondent No.3, for the relief of specific performance of an agreement of sale, dated 05.01.1980 (Ex.A1). It was pleaded that respondent No.1 offered to sell the property for a consideration of Rs.1,00,000/- and accordingly, Ex.A1 was entered into. On the date of agreement, a sum of Rs.1,116/- was said to have been paid as advance. She further pleaded that one of the contentions incorporated in Ex.A1 was that the permission from the Special Officer and Competent Authority, Urban Land Ceiling (for short 'the Special Officer") must be obtained, since Visakhapatnam is covered by the provisions of the Urban Land (Ceiling and Regulation) Act (for short 'the Act') and that such a permission has been obtained in the year 1980 itself by submitting a joint application of herself and respondent No.1. She pleaded that in spite of repeated demands, respondent No.1 did not come forward to execute the sale deed.