B SAMBASIVA REDDY Vs. KAYAGURLA KONDANNA

JUDGEMENT

(1.) This Revision is directed against the order passed in I.A.No. 1227 of 1993 in O.S.No.364/83 on the file of Principal District Munsif, Anantapur.

(2.) The plaintifffiled the suit O.S.No.364/ 83 for specific performance of the agreement of sale. The suit was decreed on 31 -3-1986 directing the defendant to execute a sale deed in favour of the plaintiff within one month and the plaintiff was directed to pay the balance of sale consideration to the defendant. However, the defendant failed to execute the sale deed. Thereupon, the plaintiff was constrained to file Execution Petition. He also deposited the balance sale consideration. The court executed the sale deed in favour of the plaintiff on 29-7-1987 and there was a notice to the defendant in the Execution Petition. The Execution Petition was closed on 31 -7-1987. Subsequently the defendant filed O.S.No. 31/89 to declare the sale deed executed by the court on 29-7-1987 as not enforeceable etc. That suit was dismissed on 15-2-1993. Against that the defendant preferred A.S.No. 74/93 and it is pending. Now, the defendant filed I.A.No. 1227/93 under Section 28 of the Specific Relief Act to declare that there is recission of contract in view of the failure on the part of the respondent to act upto the mandatory direction resulting in coming into existence of a registered sale deed executed by the court followed by delivery of possession and for restoration of possession etc. This petition which was filed in 1993 was allowed,by the lower court.

(3.) Aggrieved by the said order the present Revision is filed.