Second Appeal Nos. 18 and 43 of 2017. Case: Shaik Mubarak Noorjahan and Ors. Vs Shaik Masthan Bee and Ors.. High Court of Andhra Pradesh (India)

Case NumberSecond Appeal Nos. 18 and 43 of 2017
JudgesA. Ramalingeswara Rao, J.
IssueProperty Law
Judgement DateFebruary 06, 2017
CourtHigh Court of Andhra Pradesh (India)

Judgment:

A. Ramalingeswara Rao, J.

  1. These two Second Appeals are being disposed of by this common judgment as they are filed by defendant Nos. 1 and 2 respectively in a suit arising out of specific performance.

  2. O.S. No. 291 of 2004 was filed by the first respondent herein before the Court of learned Principal Junior Civil Judge, Markapur, seeking specific performance of the agreement of sale dated 10.02.1987. The said suit was filed with the averments that on 10.02.1987, the first defendant agreed to sell the suit schedule site to the plaintiff for a consideration of Rs. 6,000/-, received the entire sale consideration and delivered possession of the suit schedule property to the plaintiff. It was agreed that she would execute the sale deed in favour of the plaintiff at her expense as and when required by the plaintiff. Since the date of such agreement, the plaintiff was in exclusive possession and enjoyment of the suit schedule site. While so, on 07.07.1988, the first defendant sold the southern boundary site of the suit schedule site to one Shaik Samiunnisa, W/o. Shaik Khajamiah, and executed a registered sale deed. The plaintiff and her husband did not feel it necessary to obtain a registered sale deed from the first defendant. But, when they entertained an idea of constructing a house in the suit schedule site by securing loan from bank, it was thought that a regular sale deed was necessary. In the circumstances, the plaintiff requested the first defendant to execute the regular sale deed in her favour at her expense in the month of March, 2004. When the first defendant evaded, the plaintiff got issued a notice through her Counsel on 05.04.2004 and the said notice was returned unserved with an endorsement that the first defendant was absent. The said notice was followed by another notice dated 13.05.2004 and the same was also returned. When another notice was issued on 03.07.2004 calling upon the first defendant to attend the office of the Sub-Registrar at 10:30 am on 12.07.2004 and execute the sale deed, the first defendant refused to receive the said notice. In those circumstances, the suit was filed for specific performance in respect of Ac.0.02 1/2 cents in Survey No. 250/2 of Markapur Village, Markapur Sub District, Prakasam District.

  3. A written statement was filed by the defendants denying the plaint averments. It was also denied that the first defendant entered into agreement of sale with the plaintiff on 10.02.1987 or on...

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