IMPORTANT POINT
When execution of the agreement to sale itself is not proved, there is no question of any relief of specific performance of the agreement.

JUDGMENT :

A.M. Khanwilkar, J.

1. These appeals arise out two separate suits filed for specific performance of agreements of sale in respect of land admeasuring Ac. 7.86 cents (3.18 hectares) in Survey No.59/2, situated in Kundavari Khandrika Village within the Sub Registry of Vijayawada.

2. The original respondent No.6, namely, Allu Appalanarayana, had filed a suit for specific performance before the Court of Subordinate Judge, Vijayawada, being Original Suit No.99/1981 for specific performance of the agreement dated 22nd November, 1979 executed in his favour by Puvvada Chandrashekhara Rao and Puvvada Siva Prasad, which was dismissed by the Trial Court on 20th October, 1997. Civil Appeal No.6625 of 2008 emanates from the said proceedings.

3. The appellant Society (appellant in both the appeals before this Court) had also filed a suit in respect of the self-same land for specific performance of the agreement of sale dated 16th October, 1981 read with the earlier agreement dated 30th June, 1977. Even this suit filed before the Subordinate Judge at Vijayawada, being O.S. No.351 of 1982 was dismissed by the Trial Court by common judgment dated 20th October, 1997. Civil Appeal No.6620 of 2008 arises from the said proceedings.

4. The legal representatives of original respondent No.6 preferred a first appeal before the High Court of Judicature, Andhra Pradesh at Hyderabad, being First Appeal No.1426 of 1997 against the dismissal of O.S. No.99/1981. Similarly, the appellant Society preferred First Appeal No.1492/1997 before the High Court of Judicature, Andhra Pradesh at Hyderabad, against dismissal of its suit, being O.S. No.351/1982.

5. The appeal preferred by the heirs and legal representatives of Allu Appalanarayana, however, was disposed of on 9th March, 2006 in view of the submissions made by the counsel for the appellant therein that respondent Nos.1 & 2/defendant Nos.1 & 2, Puvvada Chandrashekhara Rao and Puvvada Siva Prasad, respectively, had already executed a sale deed in respect of the suit property in their favour and, therefore, no further order was necessary in the pending appeal. The High Court disposed of the said appeal on that basis. Against that decision, as mentioned above, Civil Appeal No.6625 of 2008 has been filed by the appellant Society. It is doubtful whether this appeal preferred by the appellant against the decision of the High Court dated 9th March, 2006 in First Appeal No.1426/1997 can be taken forward. We shall elaborate on this a little later.

6. The real controversy that needs to be addressed is in reference to the suit filed by the appellant Society, being O.S. No.351/1982 for specific performance of the contract of sale dated 16th October, 1981 read with the earlier contract dated 30th June, 1977, directing defendant Nos.1 to 5 (owners of the suit property), who are respondent Nos.1 to 5 in Civil Appeal No.6620/2008, to register a proper sale deed in favour of the appellant Society on receiving the balance of sale consideration at the time of registration or, in the alternative, directing execution and registration of such sale deed by the Court at their expense, and for permanent injunction restraining the 6th defendant (respondent Nos.6a. to 6g. - legal representatives) from interfering with the suit property and plaintiff’s (appellant’s) possession and enjoyment thereof in any way. The defendants contested the said suit and denied having executed the suit agreements dated 30th June 1977 and 16th October, 1981.

7. On the basis of the pleadings, the Trial Court framed relevant issues and upon considering the oral and documentary evidence produced by the appellant/plaintiff, answered the material issues against the appellant/plaintiff. The Trial Court opined that the appellant/plaintiff had failed to prove the execution of the suit agreements. Similarly, the appellant/plaintiff had failed to prove that earnest money was paid to the owners of the land at the time of execution of the suit agreements or other