BULCHAND AND COMPANY Vs. SYED YAHYA

JUDGEMENT

(1.) These two appeals are directed against the decree and judgment dated 12-12-1996. in O.S. No. 1334 at 1989, on the file of the V additional Judge, City Civil Court, Hyderabad. For the sake of convenience, the parties herein are referred to, as arrayed in O.S. No. 1334 of 1989.

(2.) O.S. No. 1334 of 1989 was filed for the relief of specific performance of an oral agreement of sale, in respect of the suit schedule property. The trial Court dismissed the suit and denied the relief of specific performance. However, a decree was passed to the effect that the defendants shall refund a sum of Rs. 5,000/-, said to have been received by them towards advance, with interest. While the plaintiff filed CCCA No. 25 of 1997, feeling aggrieved by the denial of relief of specific performance, defendants filed CCCA No. 43 of 1997, challenging the decree, directing them to pay the amount of Rs. 5,000/-.

(3.) The facts pleaded by the parties, in brief, are that the premises of the suit schedule properties were original held by Khan Bahadur Abdul Kareem Babu Khan. He, in turn, leased the premises to the plaintiff, several decades ago. In the partition made, as a result of the decree, passed in O.S. No. 38 of 1964, the property fell to the share of the defendants, and the tenancy was attorned to them.