JUDGEMENT
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(1.)This revision petition is
directed against the order dated 23-11-2004
passed in OS(SR) No.8795 of 2004 on
the file of Principal District Judge, Ranga
Reddy District in returning the plaint filed
for specific performance of agreement of
sale dated 10-2-1994.
(2.)The petitioner herein is the plaintiff
and he instituted the above suit against the
respondents-defendants for specific performance
of agreement of sale dated 10-2-1994
entered into with Defendants 1 to 5 for the
sale of agricultural land measuring Ac.0-38
guntas, in Sy.No.110, Ac.1-14 guntas in
Sy.No.115, Ac.1-21 guntas in Sy.No.116,
and Ac.0-26 guntas in Sy.No.118, total
admeasuring Ac.4-19 guntas, situated at
Hydernagar Village, Balangar Mandal, Ranga
Reddy District. In the plaint it is alleged that
the plaintiff was always ready and willing to
perform his part of the contract and after
execution of the agreement of sale and
after receipt of total sale consideration of
Rs.12 lakhs on various dates as mentioned
in the plaint, the heirs of late Fathima Bee
i.e., Defendants 1 to 6 and the heirs of late
Syed Abdul Quader i.e., Defendants 7 to
9 are postponing the execution and
registration of sale deed on one pretext or
the other with a dishonest intention to
make unlawful gain against the plaintiff. It is
alleged that after receipt of legal notice
dated 26-1-2004 got issued by the plaintiff,
it came to light Defendants 4 and 6 have
executed the sale deed dated 30-4-2003 in
favour of Defendant No. 10 in respect of
an extent of Ac.0.11.74 guntas in Sy.No.110
and so also Defendants, 1, 3, 4 and 6
executed an agreement of sale-cum-GPA
dated 4-4-2003 in favour of Defendant
No.10 in respect of another extent of
Ac.0.26 guntas in Sy.No.118, which lands
are subject-matter of agreement of sale dated
10-2-1994. In view of the same, Defendant
No.10 was also impleaded in the suit.
(3.)The plaint was returned by the
office of the Court below with the following
objections:
(1) How the plaintiff is entitled for specific
performance in respect of suit
schedule property with seeking the
declaration that the Defendants 4
and 6 executed registered sale deed
in favour of Defendant No.10 and
execution of GPA-cum-agreement of
sale in favour of Defendant No.10?
(2) How the suit is within time?
On being re-presented the plaint, the Court
beiow passed the impugned order.
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