PAVAN KUMAR Vs. K GOPALA KRISHNA

JUDGEMENT

(1.) The appellants in the appeal suit and the second appeal are common. The facts leading to the filing of these appeals are interconnected, and the questions of fact and law are common, so they were argued together and are being disposed together.

(2.) It would be useful to briefly state the factual background to appreciate the contentions raised.

(3.) One Latif Ahmed owned certain plots of land in Abilabad town. He purported to sell an extent of land measuring 15 X 30 sq. yards in Adilabad town in favour of one Najimuddin under an unregistered sale deed dated November 27, 1952. He also conveyed by way of sale an extent of 80 X 110 sq. yards in Adilabad town (hereinafter referred to as the suit land) in favour of Gopalakrishna under another unregistered sale deed dated April 27, 1952. There appears to be some overlapping in regard to these two plots but there is no dispute between Najamuddin and Gopal Krishna. Be that as it may, the said Gopalakrishna sold the suit land in favour of Ghowdary Rajanna under an unregistered sale deed on 8-10-1952. Chowdary Rajanna agreed to sell the suit land to Messrs. Ramakrishna and Pavankumar and execnted an agreement for sale on August 28, 1974. On 4-11-1974 they filed a suit, O.S. No. 43/1974 on the file of District Munsif, Abilabad for specific performance of the agreement for sale dated 28-8-1974. It appears that the said suit was not cbntested and it was decreed on November 20, 1974.