A PRAMODA Vs. D KOMARAIAH

JUDGEMENT

(1.) Defendants 5 and 6 in OS No.104 of 2001 on the file of the VI Additional Senior Civil Judge (Fast Track Court), Medchal, are the appellants. They feel aggrieved by the decree passed by the trial Court in favour of the first respondent.

(2.) The first respondent filed the suit for the relief of specific performance of an agreement of sale dated 29.2.2000, Ex.A1, in respect of Acs.7-14 guntas of land situated at Mysammaguda, H/o. Gundla Pochampally Village, Medchal Mandal, Ranga Reddy District, said to have been executed in his favour by respondent Nos.2 to 5 (defendant Nos.1 to 4). The relief was also claimed to the effect that the sale deeds dated 30.5.2002 (Exs.A.2 and A.5) executed in favour of the appellants herein, be declared as null and void.

(3.) It was pleaded that the respondent Nos.2 to 5 inherited the suit schedule property from late Pentaiah and they have agreed to sell the same to the first respondent, for a consideration of Rs.9 lakhs. He stated that a sum of Rs.2 lakhs was paid as advance on 29.2.2000, under Ex.A3, and on the same day, the agreement of sale, being Ex.A1 was executed. A further sum of Rs.5 lakhs is said to have been paid on 9.4.2000, under Ex.A4. It was alleged that in spite of repeated offers to pay the balance amount of Rs.2 lakhs and request for execution of sale deed, the respondent Nos.2 and 5 did not reciprocate. It was further averred that the respondents 2 and 3 have clandestinely and in violation of Ex.A1, have executed sale deeds, Exs.A2 and A5, in favour of the appellants and that the same cannot be sustained in law.