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SUBBA REDDY SATTI
Golivi Ramanamma W/o. Mohana Rao – Appellant
Versus
Challa Lakshmi W/o Venkata Ramana Murthy – Respondent
ORDER
The plaintiff in the suit filed the above revision against the order dated 14.03.2024 in I.A.No.628 of 2023 in O.S.No.60 of 2016 on the file of the Judge, Family Court-cum-III Additional District Judge, Srikakulam.
2. Plaintiff filed the suit O.S.No.60of 2016 seeking specific performance of agreement of sale dated 12.08.2015, against the sole defendant.
3. Facts, in the plaint, in brief, are that an agreement of sale was entered into on 12.08.2015 between the plaintiff and defendant for a sale consideration of Rs.19,30,000/-. At the time of the agreement of sale, the plaintiff paid an amount of Rs.2,00,000/- as advance and the balance sale consideration has to be paid on or before December 2015. The defendant approached the plaintiff and requested to arrange some sale consideration amount and the plaintiff paid Rs.2,50,000/- through her husband on 25.09.2015 and the defendant passed on a receipt, which was scribed by her husband. On 23.01.2016, the defendant received an amount of Rs.1,50,000/- from the plaintiff’s husband and passed a receipt in the presence of witnesses. The said receipt was scribed by the defendant’s husband. Thus, the defendant received a total amount of Rs.6
Subsequent purchasers are necessary parties in specific performance suits to ensure effective adjudication and avoid multiplicity of proceedings.
The main legal point established in the judgment is that a suit for specific performance can be filed only against the persons who have entered into a sale agreement, and the necessity of parties in ....
In specific performance actions, a power of attorney holder does not automatically constitute a necessary party unless there is evidence of property interest; late amendments are permissible only wit....
Court cannot allow adjudication of collateral matters so as to convert a suit for specific performance of contract for sale into a complicated suit for title between the plaintiff/appellant.
A party to a contract for sale is a necessary party in a suit for specific performance, while a person claiming adversely is not; the court recognized the petitioner as a proper party for effective a....
Only parties to a contract can be joined in a specific performance suit; others are neither necessary nor proper parties.
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