LAWS(APH)-1996-9-86

P PENCHALAMMA Vs. STATE OF ANDHRA PRADESH

Decided On September 04, 1996
PATRA PENCHALAMMA Appellant
V/S
STATE OF ANDHRA PRADESH, REP., BY DISTRICT COLLECTOR, NELLORE Respondents

JUDGEMENT

(1.) An interesting question of law is raised in all these C.R.Ps and therefore, all these C.R.Ps. are disposed of by this common order. The off-shoot of controversy raised in all these revisions are the orders passed by the District Munsif, Sullurpet, Nellore District on 7-11-1994 on the applications filed under Order I Rule 10 of CPC by these revision petitioners.

(2.) In order to appreciate the genesis of controversy, it would be appropriate to trace few facts which are as under: All these petitioners have instituted suits for specific performance on the basis of sale agreements dated 22-11-1989, against the third respondent in all these revisions. For convenience sake, the parties are addressed as arrayed in the suits.

(3.) Plaintiffs in various suits are the petitioners herein. They claim that sale agreements were entered into for the sale of certain extents of lands with the third respondent on 22-11-1989 which are ranging from one acre to less than one acre. The sale consideration seems to be less then Rs. 1,000/- in all these transactions. The lands which were proposed for sale by the third respondent in all the revisions are stated to be assigned lands which were surrendered by various declarants in ceiling proceedings. When the plaintiffs demanded registration, the third defendant failed to execute the sale deed in their favour pursuant to sale agreement dated 22-11-1989. Therefore, all these revision petitioners instituted the suits on the file of the lower court seeking a decree for specific performance basing on the sale agreement dated 22-11-1989. These suits are filed by the vendors (sic. vendees) to the sale agreement dated 22-11-1989 through their general power of attorney.