B. VENKATESHWAR RAO Vs. B. SESHAGIRI RAO

JUDGEMENT

(1.) THE defendant in O.S. No. 1966 of 2006 on the file of the VII Senior Civil Judge, City Civil Court, Hyderabad filed this second appeal.

(2.) THE appellant and the respondent are brothers. Their father acquired premises in house No. 16 -11 -511/D/184, Shalivahananagar, Moosarambagh, Hyderabad. During his life time, he is said to have settled the property in four shares and one share each is said to have been allotted to the appellant and the respondent. The father of the parties died on 17 -01 -1992. The appellant executed an agreement of sale in favour of the respondent on 06 -09 -1997 for sale of his share of the property to the respondent, for a sum of Rs. 97,000/ -. The entire amount is said to have been paid in instalments over the period. The respondent got issued a notice dated 24 -07 -2006 calling upon the appellant to execute the sale deed. Stating that the appellant did not accede to his request, the respondent filed the suit for specific performance of agreement of sale dated 06 -09 -1997.

(3.) THE trial Court decreed the suit through judgment dated 08 -10 -2009. Aggrieved by that, the appellant filed A.S. No. 279 of 2010 in the Court of IX Additional Chief Judge, City Civil Court, Hyderabad. The appeal was dismissed on 19 -06 -2013. Hence the second appeal.