J.VASANTHA Vs. SYED KAREEMUDDIN

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioner " " defendant No.4 aggrieved by the order dtd. 30/4/2021 passed in I.A.No.490 of 2019 in O.S.No.362 of 2013 by the learned I Additional District Judge, Rangareddy District at L.B.Nagar.

(2.) The facts of the case in brief are that the respondents " " plaintiffs filed a suit for cancellation of registered sale deed document No.4161 of 2001 dtd. 8/6/2001 and to declare the registered sale deed document No.7785 of 2005 dtd. 13/7/2005 as null and void in respect of the land in Survey No.586 to an extent of Ac.3-21 guntas situated at Nadergul Revenue Village, Saroornagar Mandal, Rangareddy District.

(3.) The case of the plaintiff was that he intended to sell the suit schedule property to meet his urgent financial necessities. The defendant No.1 offered and agreed to purchase the same for a total sale consideration of Rs10,05,000/- and they entered into a Memorandum of Understanding on 8/6/2001. The defendant No.1 paid Rs.7,00,000.00 and issued a post dated cheque for Rs.3,05,000.00. On the same day, the defendant No.1 got executed a registered sale deed in favor of defendant No.2 (wife of defendant No.1). In view of a suit filed by one of his family members vide O.S.No.783 of 2001 in the Court of Principal Junior Civil Judge, Rangareddy District at L.B.Nagar for perpetual injunction in respect of the suit schedule property, the defendant No.1 demanded the plaintiff for refund of the sale consideration. Due to his coercion, the plaintiff repaid Rs.5,00,000.00 to the defendant No.1 on 27/2/2007. The defendant No.1 executed a receipt, but however in the receipt mentioned the same as hand loan. The defendant No.1 executed an undertaking on 5/2/2010 that on receipt of the balance amount of Rs.2,00,000.00, he would execute a deed of cancellation of registered sale deed. The plaintiff tendered Rs.2,00,000.00 to defendants 1 and 2 and asked them to execute the registered deed of cancellation, but they denied the same. The plaintiff further averred that defendant No.1 got executed a registered sale deed dtd. 13/7/2005 through defendant No.2 in favor of defendants 3 to 5, as such, filed the suit seeking the above reliefs.