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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO
Ravinuthala Venkata Srinivasa Rao – Appellant
Versus
Ravinuthala Krishna Kumari – Respondent
JUDGMENT :
Venuthurumalli Gopala Krishna Rao, J.
This second appeal is filed aggrieved against the Judgment and decree dated 18.08.2023, in A.S.No.180 of 2019, on the file of the I Additional District Judge, Guntur, confirming the Judgment and decree dated 23.07.2019, in O.S.No.326 of 2017, on the file of the I Additional Senior Civil Judge, Guntur.
2. The appellant herein is the plaintiff and the respondent Nos.1 to 11 are the defendants in O.S.No.326 of 2017, on the file of the I Additional Senior Civil Judge, Guntur. During the pendency of appeal suit, the respondent No.8 herein i.e. the defendant No.8 in O.S.No.326 of 2017, died and the respondent Nos.12 to 14 herein were brought on record as the legal representatives of the deceased respondent No.8 herein.
3. The plaintiff initiated action in O.S.No.326 of 2017 on the file of the I Additional Senior Civil Judge, Guntur, with a prayer for declaration of the sale of schedule property held on 16.12.1999 in Final Decree proceedings in I.A.No.103 of 2000, in O.S.No.198 of 1983 on the file of the Additional Senior Civil Judge, Guntur and confirmed on 31.10.2001 in favour of the defendant No.8 as null and void and for consequential order
The court affirmed that disputes regarding execution of decrees must be resolved by the executing court, and allegations of fraud must be substantiated with evidence.
The sale deed executed by defendants in favor of the 4th defendant was invalid to the extent of the plaintiff's undivided share in the property.
An agreement to enter into an agreement is unenforceable; specific performance requires a concluded contractual agreement.
Proper party inclusion is essential in property disputes, and claims of fraud must be substantiated by convincing evidence.
A sale under Order XXI Rule 90 can only be set aside if the applicant proves both material irregularity and substantial injury resulting from it.
Fraud must be established by clear evidence; a sale deed executed for valid consideration is valid and cannot be canceled without substantial proof of misrepresentation.
The inclusion of fictitious property in a sale deed does not invalidate it unless fraud is proven; registered documents are presumed valid.
In property disputes, the burden of proof lies on the plaintiff to establish ownership through valid documentation, and appellate courts uphold concurrent findings unless legally erroneous.
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