K.SATYANARAYANA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition has been filed seeking the following prayer:-

(2.) Facts rising to file this writ petition briefly are that the petitioner submits that he intended to purchase residential house bearing No.5-74/C, admeasuring 183.3 Sq.yards, situated at Income Tax Colony, Kothapet, Uppal Revenue Mandal, Ranga Reddy District (hereinafter referred as 'subject property'). The said property was owned by respondent No.5 and since the respondent No.5 was minor, his father i.e., respondent No.4 agreed to sell the said house to the petitioner. Thereafter, petitioner paid an advance amount of Rs.50,000.00 and receipt dtd. 22/5/1996 was issued on white paper to the petitioner.

(3.) Learned counsel for the petitioner submitted that the petitioner paid total sale consideration of Rs.2,70,000.00 in instalments and the last instalment was paid on 18/10/1996. Thereafter, respondent Nos.4 and 5 for an extent of 170 Sq.yards out of 183.3 Sq.yards, executed sale deed in favour of petitioner's wife. It is further submitted that the petitioner for balance extent of land admeasuring 13.3 Sq.yards had paid additional amount of Rs.85,000.00 to respondent No.4. However, respondent Nos.4 and 5 did not come forward for registration of balance extent of land. Hence, the petitioner on 17/7/2001, issued legal notice to respondent Nos.4 and 5 and when there was no response from the respondent Nos.4 and 5, petitioner filed suit for specific performance i.e., O.S.No.1510 of 2003 on the file of Prl.Junior Civil Judge, East and North, Ranga Reddy District and the same was transferred to II Additional Junior Civil Judge, Ranga Reddy District, L.B.Nagar.