K VENKATESWARA RAO Vs. M VENKATESWARA RAO

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated April 26,1991 passed in I.A.No.926 of 1985 in O.S.No.67 of 1974 on the file of the Subordinate Judge, Machilipatnam. The petitioners herein are the plaintiffs in the said suit and the respondents are the defendants. Hereinafter, the parties will be referred as 'Plaintiffs' and 'Defendants'.

(2.) On 19-7-1970 the parties entered into an agreement for sale of an extent of Ac.00.90 cents situated in Pagolu village for a consideration of Rs.12,150/-. Under the said agreement, the plaintiffs were handed over possession of the said property. On 20th August, 1974, the plaintiffs filed the said suit for specific performance of the agreement of sale, which was decreed on 12-9-1977. The decree provided inter alia that the balance of sale consideration payable under the agreement for sale with interst at 12% per annum from 19-7-1970 to 20th July, 1977, be paid within three months from the date of decree and on deposit of the said consideration, after measuring the land in question, the plaintiffs would be entitled to have the sale deed executed and registered in their favour. The amount was deposited pursuant to the decree. The defendants issued a notice dated 26-4-1985 for the deposit of the consideration pursuant to the decree. The plaintiffs gave a reply taking the plea that the amount was already paid to the defendants. On those facts, the defendants filed I.A.No.926 of 1985 under Section 28 of the Specific Relief Act in the said suit to rescind the contract for sale of the suit property and for restoration of possession to the defendants. The plaintiffs resisted the petition on the ground that it was not maintainable in law and on facts.

(3.) The material facts were not disputed by the plaintiffs. However, the plaintiffs gave particulars of the payment of sale consideration made by them to the defendants.