GAJULA NARSAIAH Vs. BASIDHAR RAO

JUDGEMENT

(1.) This Civil Revision Petition is filed against the judgment and decree, dated 28.11.2003, in A.S.No.16 of 1998 on the file of the learned III Additional District and Sessions Judge (Fast Track Court), Nizamabad. The said appeal was filed against the judgment and decree, dated 30.09.1996 passed by the Court of District Munsif, Armoor, in O.S.No.186 of 1988.

(2.) Respondents 1 and 2 filed the suit for recovery of a sum of Rs.10,000/-, with interest accrued thereon. They pleaded that they purchased a piece of agricultural land from one Sri Venkat Rao and his son Prabhakar Rao. Certain disputes arose in relation thereto. It was alleged that when the first respondent was not in the village, the petitioners herein and respondents 3 to 8 have approached the second respondent stating that they would resolve the disputes between them and their vendors and as a measure to abide by their decision, a sum of Rs.10,000/- each was required to be deposited by both sides. The petitioners herein and respondents 3 to 8 are said to have stated that in case, respondents 1 and 2 do not agree for such a course, the crop would be permitted to be harvested by their vendors or third parties. The second respondent herein is said to have paid that amount, by borrowing from his friends, on 05.11.1985. Respondents 1 and 2 complained that the petitioners herein have neither resolved the dispute nor have refunded the amount, when demanded. A complaint is said to have been made to the local Police Station, who in turn, had issued a notice to the first respondent to resolve the matter.

(3.) The petitioners and respondents 3 to 8 denied the allegations in the plaint. They pleaded that they did not undertake any mediation or arbitration between respondents 1 and 2 and their vendors and that there was no basis for the claims made against them. They also denied that the account opened in respondent No.9-bank was in relation to the deposit said to have been made by respondents 1 and 2 and their vendors.