VEMURI KRISHNA PRASAD Vs. GHORPADE RADHA BAI

JUDGEMENT

(1.) These two civil miscellaneous appeals are filed by the same individual, and arise out of OS No.261 of 1991, on the file of the I Additional Senior Civil Judge, Vijayawada. Hence, they are disposed of through common judgment. The relevant facts, that gave rise to the filing of the appeals, are as under :

(2.) The appellant filed the suit for the relief of specific performance of an agreement of sale dated 16.1.1988 against Ghorpade Radha Bai, the sole defendant, and impleaded as respondent No.1 in both the appeals. He pleaded that the sole defendant agreed to sell the suit schedule property, a residential building, with open site, in Door No.25-7-33, Seethannapet, Vijayawada, for a, consideration of Rs.3,45,000/-. Advance of Rs.10,000/- is said to have been paid on the date of agreement. It was stated that though the appellant promised to pay the balance of consideration, and made several demands, the defendant did not fulfil her part of the obligation.

(3.) The suit was filed on 3.6.1991. On the notice sent o the defendant, it was endorsed that she died on 31.3.1991. Thereupon the appellant filed IA No.6270 of 1991, under Order I Rule 10 CPC, with a prayer to implead the legal representatives of the sole defendant, as parties to the suit. The I.A. and the suit were coming up for hearing for quite a long time. On 18.6.1999, the trial Court dismissed the suit, as well as the IA No.6270 of 1991, for default.