LEPROSY MISSION Vs. NALLAMILLI VEERA VENKATA SATYANARAYANA REDDY

JUDGEMENT

(1.) These two appeals are filed by the defendants in the suit. The respondent-plaintiff filed the suit - O.S.No.43 of 1996 before the Subordinate Judge, Ramachandrapuram, for specific performance of an agreement for sale. He also filed I.A.No.532 of 1996 for temporary injunction pending the suit. The appellants also filed another I.A.No.493/97 for appointment of Receiver. The lower Court allowed I.A.No.532/96, while dismissing I.A.No.493/96. Hence, the unsuccessful defendants filed these two appeals. As the lower Court has disposed of both the applications under a common order, we too dispose of both the appeals by a common order for the sake of convenience.

(2.) Appellants Nos.1 and 2 are the Leprosy Mission, New Delhi, and a branch of the Mission siluated at Ramachandrapuram respectively. The Mission offered to dispose an extent of Ac.3.50 cents approximately belonging to it and for that purpose a publication was made in local newspapers on 11-6-1995 calling for offers. The respondent submitted his offer at the rate of Rs.2,25,000.90 per acre. The appellants by their letter dated 22-9-1995 informed the respondent about their acceptance of the offer and asked him to remit ten per cent of the total value as advance. In response to the said letter, the respondent sent ten percent advance on 6-10-1995. However, in the month ofNovember, 1995, the respondent informed the appellants that he is ready to pay the balance and that he would take possession. The appellants informed him, by their letter dated 1-12-1995 that the respondent should not be in a hurry to take over the possessioa However, the respondent has taken possession in December, 1995, itself

(3.) The case of the respondent is that possession was delivered to him. The lower Court accepting the contention of the respondent allowed his application for injunction and dismissed the application of the appellants for appointment of Receiver.