PERICHERLA NARAYANAMA Vs. RAMA FERTILIZERS BHIMAVARAM

JUDGEMENT

(1.) THE C.M.S.A. and the C.R.P. are connected with each other. Hence, they are disposed of through a common order.

(2.) THE parties to both the proceedings are common, and their array, except for the description of the appellant, is common. For the sake of convenience, the parties shall be referred to as arrayed in the C.M.S.A.

(3.) KASANI Satyanarayana, the second respondent, is the owner of the schedule premises, which is a residential house and shed. The appellant claimed that the second respondent executed an agreement of sale in her favour on 6.01.1984, for a consideration of Rs.17,000/ -, mainly for the purpose of discharging his debts to the Bhimavaram Cooperative Urban Bank. Alleging that the second respondent did not execute the sale deed in spite of demands, the appellant filed O.S.No.81 of 1985 in the Court of Subordinate Judge, Bhimavaram, for specific performance of agreement of sale. The suit was decreed on 18.11.1985. In pursuance of the decree, the court executed a sale deed in favour of the appellant.