PULUPUTHURI VENKATARAMANA Vs. GALIVETI SIVA RAMI REDDY

JUDGEMENT

(1.) The 3rddefendant in the suit filed the above two revisions against separate Orders dtd. 21/10/2022 in Civil Miscellaneous Appeal No.04 of 2022 and Civil Miscellaneous Appeal No. 05 of 2022.

(2.) The suit in O.S.No.77 of 2021 was filed by the 1strespondent in Civil Revision Petition being the plaintiff, seeking Specific performance of agreement of sale dtd. 18/5/2012. The plaintiff is son of 1st defendant. The 2nddefendant is daughter of Chandramohan Reddy, who is another son of 1stdefendant. The 3rddefendant is stranger to the family.

(3.) In the plaint, it was inter alia contended that the 1stdefendant purchased the property under registered sale deed dtd. 25/10/1993. The vendor of the 1stdefendant purchased the property under registered sale deeds bearing document Nos.1494 of 1986 and 1495 of 1986. The plaintiff purchased the schedule property under un- registered agreement of sale dtd. 18/5/2012 by paying entire sale consideration of Rs.5,00,000.00. The 1stdefendant orally delivered the possession of the schedule property to the plaintiff on the same day and since the date of execution of agreement, the plaintiff has been in possession and enjoyment of the schedule property. The 1stdefendant also handed over the original document to the plaintiff. The plaintiff is always ready and willing to perform his part of contract. The plaintiff by suspecting the bonafidies of 1stdefendant, verified the records and came to know about the registered sale deed executed by the 1st defendant in favour of the 2nddefendant and the 2nddefendant in turn executed the sale deed in favour of the 3rddefendant. Hence, the 1st respondent in these Civil Revision Petitions being the plaintiff filed suit, seeking specific performance and other reliefs.