PAPPALA GRAHANESWARA RAO Vs. PALURI APPALANARASAYYA

JUDGEMENT

(1.) The appellants are the unsuccessful complaints in CD 94/2006 before the DCF, Vizianagaram and a complaint that was filed to direct the Opposite parties to execute a sale deed in respect of the scheduled lands in pursuance of an agreement of sale deed dated 16.10.90 executed by one P. Satyanarayana on payment of consideration was dismissed. The impugned order has been challenged as erroneous and sought it to be set aside.

(2.) Briefly stated the facts of the case are that the Opposite parties 1 to 8 are the children of Paluri Satyanarayana and that the said Satyanarayana executed an agreement of sale deed dt.16.10.90 to an extent of two Acres of land in favour of the OP. No. 9 by receiving consideration of Rs.two lakhs delivering possession of the land promising to execute a registered sale deed as and when demanded. After the death of Paluri Satyanarayana, Opposite parties refused to execute the sale deed in pursuance of the agreement. After lodging a police complaint, the complainants have issued a legal notice to respondents 1 to 8 demanding execution of sale deed in their favour. The act or omission on the part of the opposite parties amounts to deficiency in service. So the complainants are to be granted relief against the opposite parties to execute a sale and as well a compensation of Rs.10 lakhs.

(3.) The OPs 1 and 2 filed separate version . OPs 1 and 2s version is that the alleged agreement dt.16.10.90 was brought into existence with the assistance of some persons who are inimical towards them. A Civil litigation is pending before the Principal Junior Civil Judges Court, Vizianagram for the same dispute so the District Forum has no jurisdiction.