ACHUTA NAGESWARA RAO Vs. CHUNDRU KRISHNA MURTHY

JUDGEMENT

(1.) ON 31. 1. 2006 the following order was made by this Court: "ground Nos. 8 (a) to (e) raised substantial question of law. Admit" the said grounds read as hereunder:

(2.) THIS second appeal is filed by the unsuccessful plaintiff in O. S. No. 140 of 1990 on the file of the Senior Civil Judge, tadepalligudem, and AS No. 83 of 2000 on the file of I Additional District Judge, West godavari, Eluru.

(3.) DEFENDANT No. 1-respondent No. 1 died even during pendency of the suit and the legal representatives were brought on record. Appellant-plaintiff instituted the suit praying for the relief of specific performance of contract of sale, dated 28. 9. 1987, and for an alternative relief for refund of sale consideration of Rs. 36,000/- with interest at the rate of 18% per annum from the date of suit till realization. The learned Senior civil Judge, Tadepalligudem, in the light of the respective pleadings of the parties having settled issues and additional issues, recorded the evidence of P. Ws. 1 to 8, d. W. 1, marked Exs. A-1 to A-4, Exs. B-1 to b-10 and came to the conclusion that the appellant-plaintiff is not entitled to any of the reliefs prayed for and accordingly dismissed the suit with costs. Aggrieved by the same, the matter was carried by way of appeal A. S. No. 83 of 2000 on the file of I additional District Judge, West Godavari, eluru, and the appellate Court having formulated points for consideration at Para 14, recorded reasons in detail at Paras 15 to 47 and ultimately dismissed the appeal with costs. Aggrieved by the same, the present second appeal had been preferred.