Judgement

SMT. T. MEENA KUMARI, J. :-

This appeal is directed against the judgment and decree dated 1-10-1999 in O. S. No. 1046 of 1994 on the file the V Senior Civil Judge, City Civil Court, Hyderabad, whereby the learned Senior Civil Judge decreed the suit for specific performance of the agreement of sale D/- 3-6-1994.

2. The unsuccessful defendant is the appellant herein and the respondent herein is the first plaintiff in the above suit. Though the second plaintiff arrayed as second respondent herein, her name was deleted from the record as per the order in CMP No. 16823 of 2001, dt/- 31-10-2001. During pendency of the appeal, since the original appellant died, his wfe was brought on record as his legal representative.

3. The plaintiffs filed the suit for specific performance of the agreement of sale dated 3-6-1994. The case of the plaintiffs, as can be seen from the material allegations in the plaint, is as follows :-

(a) The defendant is the absolute owner and exclusive possessor of the suit schedule property having purchased the same under a registered sale deed document No. 1871/67, D/-10-7-1967 and he constructed house with due permission from the Municipal Corporation of Hydera