TENTU RAJA RAO Vs. BODDU PRABHAKARA RAO

JUDGEMENT

(1.) This second appeal under Sec. 100 of the Code of Civil Procedure ("C.P.C." for short) is filed aggrieved against the decree and Judgment, dtd. 3/2/2011 in A.S.No.106 of 2010, on the file of the Principal District Judge, West Godavari at Eluru, setting aside the decree and Judgment, dtd. 18/11/2009 in O.S.No.418 of 2005, on the file of Principal Senior Civil Judge, Eluru, by granting primary relief.

(2.) The appellant herein is the defendant and the 1st respondent herein is the plaintiff in O.S.No.418 of 2005, on the file of Principal Senior Civil Judge, Eluru. It is to be noted here that the 1st respondent/sole plaintiff died during the pendency of this appeal and his legal representatives are brought on record as respondent Nos.2 to 4.

(3.) The sole plaintiff initiated action in O.S.No.418 of 2005, on the file of Principal Senior Civil Judge, Eluru, with a prayer for specific performance of agreement of sale, dtd. 7/8/2002 against the defendant for possession of the property and for alternative relief of refund of amount along with interest.