Civil Appeal Nos. 6071-6072 of 2007. Case: Telikicherla Sesibhushan Vs Kalli Raja Rao. Supreme Court (India)

Case NumberCivil Appeal Nos. 6071-6072 of 2007
JudgesSudhansu Jyoti Mukhopadhaya and Prafulla C. Pant, JJ.
IssueSpecific Relief Act, 1963 - Section 16
Judgement DateSeptember 08, 2014
CourtSupreme Court (India)


Prafulla C. Pant, J.

1. These two appeals are directed against the common judgment and order dated 15th June, 2007 passed by the High Court of Andhra Pradesh in Appeal Suit Nos. 2652 and 2052 of 1996.

2. We have heard learned Counsel for the parties and perused the papers on record.

3. The factual matrix of the case is that Respondent-Kalli Raja Rao (since dead) agreed to sell the property measuring an area of Ac. 19.96 cents situated at Pulla village of Eluru Taluk for an amount of Rs. 80,000/- (Rupees eighty thousand only) under the agreement of sale (Ex.A/1) dated 10th May, 1980. The said agreement discloses that Respondent-Kalli Raja Rao had taken a loan of Rs. 20,000/- (Rupees twenty thousand only) from the State Bank of India, Eluru Branch, in the year 1969 and he could not repay the loan, as such, he intended to sell his land, and the present Appellant-Telikicherla Sesibhushan agreed to repay the loan amount with interest due from Kalli Raja Rao, to the Bank. It appears that the Appellant though made certain payments but failed to repay the entire loan amount with interest. Consequently, the Bank instituted a suit being O.S. No. 208 of 1981 against the debtor for recovery of the amount before the Subordinate Judge, Eluru. Later, in the said suit the present Appellant got himself impleaded as a party. The suit filed by the Bank for recovery of Rs. 46,408.85 was decreed with interest on 31st December, 1986 and the same attained finality. Since the commitment made by the Appellant was not fulfilled by him regarding the repayment of the loan amount, as such, Kalli Raja Rao filed suit being O.S. No. 28 of 1985 before the Subordinate Judge, Eluru against the Appellant for recovery of possession of land which he had delivered to him at the time of aforesaid agreement of sale. On this, the Appellant appears to have filed O.S. No. 37 of 1985 after a period of seven years of agreement against Kalli Raja Rao for specific performance of contract, before the Subordinate Judge, Eluru. Both the suits i.e. O.S. No. 28 of 1985 and O.S. No. 37 of 1985 were disposed of vide common judgment and order dated 12th June, 1996. The concluding part of the said judgment and order of the trial court reads as under:

26. In the result, O.S. No. 28/85 is dismissed. The court fee payable on the plaint in O.S. No. 28/85 shall be collected from out of the estate of late Rajarao which will come into the hands of his legal heirs, Plaintiffs 2 to 10. O.S...

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