SURYA GRANITES Vs. G VENKATESWARLU

JUDGEMENT

(1.) These three appeals arise out of a common judgment, dated 18.06.2008 rendered by the Court of II Additional Chief Judge, City Civil Court, Hyderabad in three separate suits being O.S. Nos. 314 of 2004, 461 of 2006 and 64 of 2007. While the appellant figured as plaintiff in O.S. Nos. 314 of 2004 and 64 of 2007, it is the sole defendant in O.S. No. 461 of 2006. For the sake of convenience, the parties are referred to as arrayed in O.S. No. 64 of 2007.

(2.) The 1st defendant, by name G. Venkateswarlu is the owner of premises bearing No. 8-3-833/156, plot No. 156, Kamalapuri Colony, Phase III, Hyderabad, constructed over an extent of 423.57 square yards. He gave the premises on lease to the plaintiff, M/s. Sri Surya Granites with effect from 01.02.1997. Initially, the rent was Rs. 1,000/- per month and later on, it was enhanced.

(3.) The plaintiff states that the 1st defendant is basically a resident of United Kingdom and he used to entrust the administration and management of the property either to his son or his friend, by name Hanumantha Rao. According to the plaintiff, the 1st defendant orally agreed to sell the property, when he visited India in January 2002 in the presence of his son i.e., 2nd defendant and Sri Hanumanth Rao, for a consideration of Rs. 18,70,000/-. It was also pleaded that as a sequel to the oral agreement, the 2nd defendant received a sum of Rs. 2,70,000/- as advance, vide receipt, dated 14.05.2002.