RAGHUPATHI VENKATA RATNAM NAIDU TRUST, REP. BY ITS SECRETARY DR. Y. VEERA PRAKASH Vs. KARRI VEERA SWAMI (DIED), PER L.RS

JUDGEMENT

(1.) Plaintiff in O.S. No. 298 of 1995 on the file of the Court of the I Additional Senior Civil Judge, Kakinada, East Godavari district is the Appellant in the present Appeal Suit, filed under Sec. 96 of C.P.C. This Appeal is directed against the judgment and decree dated 15.4.2008 rendered in the said suit.

(2.) The appellant herein instituted the said O.S. No. 298 of 1995 for specific performance of agreement of sale dated 19.8.1989 or in alternative for refund of advance amount with interest and costs. The plaint schedule property is an extent of Ac. 6-27 cents in Sy. No. 88 of Thimmapuram village, Kakinada Rural Mandal, East Godavari district. Defendants 1 to 26 are the owners of various extents of lands out of the plaint schedule property and Defendant No. 27 is their General Power of Attorney holder. The defendants/ respondents resisted the suit by filing written statements. Basing on the pleadings available on record, the learned Senior Civil Judge framed the following issues and additional issue:

(3.) During the course of trial, on behalf of the plaintiff, P.Ws. 1 to 4 were examined and Exs. A1 to A30 were marked and on behalf of the defendants, D.Ws. 1 to 3 were examined and Exs. B1 to B39 were marked. The learned Senior Civil Judge, by way of impugned judgment and decree dated 15.4.2008 dismissed the suit for specific performance and ordered refund of advance amount with interest. The said decree reads as under: