DAMMALAPATI SUBBA RAO Vs. BOBBILI PEDA NANCHARA PRASAD

JUDGEMENT

(1.) DAMMALAPATI Subba rao, the plaintiff in O. S. No. 127/84 on the file of Subordinate Judge, Machilipatnam, had preferred this Appeal being aggrieved of the relief of refund of consideration only instead of ordering specific performance.

(2.) THE said suit was filed praying for the relief of specific performance of contract of sale dated 25-7-1982 executed by 1st defendant for himself and as guardian of defendants 2 and 3 in favour of the plaintiff for Rs. 28,350/- in respect of the plaint schedule land, or in the alternative to pay the plaintiff a sum of Rs. 35,265/- towards principal and interest @ 12% per annum and for costs. The learned Subordinate judge, Machilipatnam after settling the Issues and in the light of the respective pleadings of the parties, recorded the evidence of p. W. 1 to P. W. 3, D. W. 1 to D. W. 4, marked exs. A-1 to A-7 and Exs. B-1 to B-7 and came to the conclusion that the relief of specific performance to be negatived, but however granted the decree for Rs. 28,350/-with proportionate costs against the 1st defendant only and the rest of the plaintiffs claim was dismissed without costs. The suit against defendants 2 and 3 was dismissed without costs. Aggrieved by the same, this appeal had been preferred.

(3.) THE 1st respondent died and a. S. M. P. NO. 12027/2004 was filed to bring on the legal representatives of the 1st respondent as other legal representatives of the 1st respondent and the application was ordered on 8-12-2008 and respondents 4 to 6 were brought on record. It is needless to say that the sons of respondents 1, 2 and 3 had already been on record.