C VENKATA RAO Vs. B B G SHARMA

JUDGEMENT

(1.) This Civil Revision petition has been referred to a Bench in view of the importance of the question involved. We shall first state the relevant facts :

(2.) Defendants 1 and 2 (Respondents 1 and 2 in this Civil Revision Petition) executed an agreement of sale in favour of the plaintiff (revision- petitioner) on 17-3-1968 agreeing to sell an extent of Ac. 8-62 cents of land in Survey No. 681/1 of Raghudevapuram village for a consideration of Rs. 10,000/-. A sum of Rs. 3,000/- was paid by way of earnest money. Alleging that defendants 1 and 2 have refused to abide by the terms of the agreement, the plaintiff filed O.S. 105/1968 on the file of the learned District Judge, East Godavari, Rajahmundry, for specific performance of the agreement. Though the suit was dismissed by the trial Court on 31-12-1969, it was decreed in Appeal, A.S. 316/1970, by this Court by its Judgment and decree dated 22-3-1973. Clause 2 of the decree, while providing that the plaintiff shall pay a sum of Rs. 7,000/- towards balance of the sale consideration, did not evidently by inadvertance-prescribe the period within which such deposit had to be made. The execution of the sale-deed and delivery of possession, of course, had to follow the said deposit. Defendants 4 to 6 in the suit, who are said to be subsequent purchasers of the land in question from defendants 1 and 2, preferred a Letters Patent Appeal, being L.P.A. No. 173/1973, against the Judgment and "Decree of this Court in A.S.No. 316/70. It was dismissed on 23-9-1975.

(3.) Plaintiff deposited the balance" consideration of Rs. 7,000/- on 16-4-1981 in the trial Court and filed an Execution Petition on 12-10-1981. In this Execution Petition he stated that the possession of the land has been delivered to him on 1-12-1975 but the sale deed has not been executed. He requested the Court to direct the defendant to execute the sale-deed, and on his failure to do so, to execute a sale-deed itself.