VENKATA RACNAM Vs. SRAVANTHI DEVI

JUDGEMENT

(1.) The revision petitioner and the two respondents in both the revision petitions are common. C.R.P. No. 6725/78 arises out of E. P. No. 290/78 on the file of the Subordinate Judge, Vijayawada, directing attachment of a sum of Rs. 11,795- deposited by the judgment-debtor in E. P. 181/79 arising in O. S. No. 6/1972. C. R. P. No. 6726/1978 arises out of an exparte attachment order made in E. P. 291/78 for attachment of the decree passed in O. S, No. 6/1972 on the file of the District Court, Krishna, which was obtained by the revision petitioner herein. Since these two revision petitions were argued together, they are disposed of by a common order. Facts leading to these two revision petitions briefly stated are these.

(2.) The revision petitioner filed O. S. 6/1972 on the file of the District Judge, Krishna, for specific performance of an agreement of sale entered into by the parents of the respondents herein. The case of the plaintiff-revision petitioner was that he paid a consideration of Rs. 82,500/- and that as he was put in possession of the suit land measuring nearly Acs. 56, he also made some improvement. The suit was resisted and ultimately the Supreme Court of India held that the price paid by the petitioner herein together with interest should be refunded by the parents of the respondents herein. With regard to the improvements, the Supreme Court directed further investigation. The respondents, who were then minors, having attained majority since then, are also made liable for payment of the value of the improvements made by the petitioner. So far as the refund of the consideration amount is concerned, only the parents of the respondents were held liable. The investigation into the value of the alleged improvements is proceeding on the file of the District Court. The decree with regard to the refund of the amount was got transferred to the Sub-Court, Vijayawada and the revision petitioner filed E. P. 181/75 and got a sum of Rs. 28,000/- and odd lyinp iq the Andhra Bank to the credit of the parents of the respondents attached. The amount was brought to the Court on 24-10-1978 on cheque petition filed by the revision petitioner which was ordered.

(3.) The two respondents herein laid O. S. No. 533/1972 for possession of the very suit lands and for mesne profits. The suit to the extent of possession was decreed and the mesne profits were ordered to be ascertained by way of separate application. Aggrieved bv this judgment and decree obtained by the respondents herein against the petitioner, the latter filed an appeal to this Court. An interim stav of execution was obtained, but was vacated on 16-6-78. As against that order, a Letters Patents Appeal was preferred by the revision petitioner herein. The Division Bench allowed the appeal. The operative portion in the Letters Patent Appeal reads as follows: