SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2011 Supreme(AP) 990

IN THE HIGH COURT OF ANDHRA PRADESH AT HYDERABAD
V. ESWARAIAH AND K.S. APPA RAO, JJ.
Mahesh Pakhare - Appellants
Vs.
A.S. Gopal and others - Respondent
C.C.C A. Nos.111 & 113 of 2011
Decided On: 15.11.2011

Advocates appeared:
For Appellant: Mr. Peri Prabhakar and Mr. R. Chandrashekar Reddy, Counsel
For Respondents: Mr. D. Pakash Reddy, Senior Counsel for Mr. T.V. Ramana Rao, Counsel and Mr. K.R. Koteswra Rao

Headnote:Specific Relief Act 1963, Section 31(2); Contract Act 1872, Sections 202-205, 208—Mere recording the compromise is not sufficient for canceling a registered document—Lower Court should have seen that the General Power of Attorney should be cancelled by making appropriate endorsement in the concerned register of the Sub-Registrar’s Office so as to give notice to all the concerned and make the persons like the objection petitioners alert. In the absence of any such endorsement and in the absence of any objection for registration in favour of the objection petitioners, there is no way of knowing about the prior litigation or that the documents concerned are cancelled. Therefore, in the absence of any endorsement of cancellation of the agreement of sale-cum-General Power of Attorney in the concerned registers of the Sub-Registrar’s Office, the agreement of sale cum-GPA is deemed to be valid and subsisting even as on the date of registration in favour of the petitioners. (Para 19)

ORDER

K.S. APPA RAO, J.

1. These appeals are filed against the orders, dated 25-3-2011 passed in E.A. Nos. 59 of 2010 and 62 of 2010 respectively in E.F. No. 39 of 2008 in O.S. No.108 of 2007 on the file of the Additional Chief Judge, City Civil Court at Secunderabad. The appellants herein are the objection petitioners in the said E. As. For convenience sake, the parties hereinafter will be referred to as they are arrayed before the lower Court.

2. The objection petitioners filed C.C.C. A.M.P. Nos. 417 of 2011 and 432 of 2011 along with the appeals, seeking stay of eviction from the petition schedule property and stay of all further proceedings in E.P. No. 39 of 2009 (sic. 2008) in O.S. No. 108 of 2007 on the file of the I Additional Chief Judge, City Civil Court at Secunderabad, pending disposal of the appeals. This Court was pleased to grant stay of all further proceedings in both the C.C.C.A.M.Ps. The respondents, who are the Decree Holders and Judgment Debtors, filed C.C.C.A.M.P.Nos.578 of 2011 and 573 of 2011, along with the counters, seeking to vacate the interim orders passed in the said C.C.C.A.M.Ps.

3. During the course of hearing, both the learned counsel advanced arguments in the vacate stay petitions as well as appeals also. Therefore, at their request, both the vacate stay petitions and the main appeals were taken up together for disposal, and since these two appeals arise out of the proceedings in the same suit and E.P. and the issue also interrelated, they are clubbed and disposed of by this common order.

4. The brief facts of the case, which are necessary for the disposal of these appeals, are as follows:

Originally the suit in O.S. No. 108 of 2007 was filed by respondent Nos.1 to 3, namely A.S. Gopal, R. Madhava Rao and Smt. Gayatri, represented by the G.P.A. Holder A.S. Gopal, against respondent Nos.4 to 7, namely M. Vijayalaxmi, Monagari Pentamma, S. Vasantha and M/s. Kollati Constructions Ltd. represented by its Managing Director K. Seshagiri Rao, seeking cancellation of the agreement of sale-cum-General Power of Attorney, and consequently for recovery of possession of the suit schedule property and original documents, and for mandatory injunction. The suit schedule property is the house bearing Nos. 10-3-113/P, 10-3-32/1/114, and 10-3-32/9/115 in all admeasuring 799.98 square yards (each plot (sic. flat) admeasuring 266.66 square yards) situated at Nehru nagar Co-operative Housing Society Limited, East Marredpally, Secunderabad. However, during the course of enquiry, both the parties filed a joint memorandum of compromise petition and accordingly, a compromise decree was passed on 29-2-2008 recording the terms of compromise thereunder. Condition Nos.3 and 4 of the joint memorandum of compromise reads as follows:

3. In case the defendants failed to pay the amounts on or before 30-5-2008 as mentioned in clause No.1, the Agreement of sale-cum-General Power of attorney dated 1-2-2006 bearing document No.2380/2006 registered in the O/o Sub-Registrar, Marredpally, Secunderabad, shall stand cancelled and the plaintiffs are entitled for recovery of physical and vacant possession of the suit schedule property through process of the Court.

4. A copy of the decree be sent to the Sub-Registrar, Marredpally, Secunderabad as required under Section 31(2) of Specific Relief Act to make necessary endorsement of cancellation of Agreement of Sale-cum-General Power of Attorney dated 1-2-2006, bearing document No. 2380/ 2006 in the concerned register in the event of Clause No.3 hereinabove coming into force in default of payments as per Clause No.1 hereinbove."

5. Subsequently, the Decree Holders filed E.P. seeking eviction of the Judgment Debtors from the suit schedule premises and to deliver vacant peaceful possession of the same after demolishing the structures put up thereon, as per the terms of the said compromise decree. Accordingly, the lower Court ordered for issuance of warrant of delivery of possession.

6. At this stage, the




































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top