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2003 Supreme(AP) 276

S.R.K.PRASAD, G.BIKSHAPATHY
M. Krishna Murthy – Appellant
Versus
M. Anantha Sarma – Respondent


G. BIKSHAPATHY, J.

( 1 ) BOTH the appeals can be decided by a common judgment as they arise out of a common judgment and decree of the lower Court in os No. 417 of 1991.

( 2 ) THE facts and the events leading to the filing of the appeals is narrated hereinafter.

( 3 ) THE parties as arrayed in the suit are referred to in this judgment for the sake of convenience.

( 4 ) THE plaintiff laid a suit OS No. 417 of 1991 seeking specific performance of agreement of Sale dated 12-3-1990 and memorandum of Understanding dated 12-4-1990 and for direction to the defendants no. l and 2 to execute the registered sale deed in favour of the plaintiff. He also sought for the relief of possession and for consequential injunction restraining the defendant No. l from interfering with the suit schedule property.

( 5 ) AS per the averments made in the plaint one Smt. Mathuri Hymavathi, wife of ranga Rao was the absolute owner of the premises of the House bearing No. 3-6-539/ 1, Himayathnagar, Hyderabad admeasuring 313 sq. yds. The building was a terrace building. While so, the said Mathur hymavathi executed a registered sale deed dated 21-1-1984 conveying the terrace rights in favour of the plaintiff con












































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