RAVURI LAKSHMINARSIMHA RAO Vs. AMUDALAPALLI NAGESWARA RAO BAPAIAH

JUDGEMENT

(1.) This is an appeal by the fourth defendant in a suit for specific performance filed by respondents 1 and 2 against respondents 3 to 5 and the appellant.

(2.) For the sake of convenience, parties to the appeal would hereinafter be referred to as they are arrayed in the trial court.

(3.) The case, in brief, of the plaintiffs is, defendants 1 to 3 who are the owners of the plaint schedule property, had on 19-06-1980 entered into an agreement to sell the same to them and received Rs.11,000/- as advance and put them in possession thereof. Since item No. 3 of the plaint schedule at that time was un-reclaimed waste, they spent more than Rs.1,000/- and brought it also under cultivation. Though they are always ready and willing to perform their part of contract, defendants 1 to 3 failed to get the land measured and receive the balance sale consideration and execute the sale deed. Shortly after the said agreement, 4th defendant filed O.S.No.318 of 1980 on the file of the Additional District Munsif Court, Bapatla, against them and defendants 1 to 3, seeking an injunction restraining them from interfering with the plaint schedule property falsely alleging that he is a tenant thereof. Petition filed by him for interim injunction during the pendency of the suit was dismissed. For reason known to them defendants 1 to 3 chose to remain ex parte in the said suit.