THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

COMMON ORDER:

This Civil Revision Petition has been filed against the common order of the Principal District and Sessions Judge, Rajanna Sircilla, dated 23.11.2023 in I.A.Nos.413, 414, 416 &

415 of 2023 in O.S.No.20/2017.

2. Brief facts leading to the filing of the present Civil Revision Petition are that the petitioner is the defendant No.1 in the Suit and the respondents No.1 and 2 are the plaintiffs while respondents No.3 to 10 are the defendants No.2 to 10 in the suit. The suit was filed by the plaintiffs for the relief of specific performance of an agreement of sale.

3. The case of the plaintiffs is that the defendant No.1 in the suit was the exclusive owner and possessor of Ac.2-15 gts., of agricultural land in Survey Nos.553 & 554 of Sarampalli Village of Thangallapalli Mandal of Rajanna Sircilla District. It is submitted that the said defendant offered to sell the suit land to the plaintiffs for a consideration of Rs.85 lakhs and the plaintiffs agreed to purchase the same and entered into an unregistered agreement of sale for the said transaction. It is submitted that according to the agreement of sale, the defendant agreed to sell 95 guntas of land to the plaintiffs for a total consideration of Rs.85 lakhs and defendant further agreed that if there is an excess land available after measurement on the spot, the said excess land would also go to the plaintiffs and further that the defendant agreed to execute a regular registered sale deed in favour of the plaintiffs at their expense, as per the extent shown in his pass books. It is submitted that at the time of executing the agreement of sale, the plaintiffs paid an amount of Rs.3,11,000/- in cash as advance, out of which Rs.50,000/- was adjusted towards part of sale consideration, which was transferred earlier, to the defendant’s account on 24.06.2014 through NEFT No.AN169652 and thereafter, the plaintiffs have given a cheque of Rs.1,50,000/- vide cheque bearing No.169656, dated 04.07.2014 and a sum of Rs.5,00,000/- was paid to the defendant through NEFT on 08.07.2014 and Rs.1,50,000/- through cheque bearing No.62980, dated 19.07.2014 and Rs.3,00,000/- through cheque bearing No.000123, dated 10.10.2014 and Rs.2,00,000/- through cheque bearing No.000124, dated 10.10.2014 and Rs.4,00,000/- on 18.11.2014 and Rs.20,000/- cash transferred to his servant’s account by name Vennala G.Raju vide Account No.20241330592 and Rs.15,000/- deposited in the account of the defendant on 17.04.2015 and thus, a total amount of Rs.20,96,000/- was paid to the defendant. It is submitted that, thereafter, plaintiffs approached the defendant to receive balance sale consideration and register the property in their favour, but the defendant, time and again, postponed the same as the defendant had developed ill-intentions and was trying to sell the said property to third persons. It is submitted that the plaintiffs therefore, have issued a legal notice on 15.07.2016 for execution of registered sale deeds in their favour and since there was no response from him, the suit was filed for specific performance of the agreement of sale.

4. A written statement has been filed by the defendant in the suit, denying the allegations made in the suit and the evidence of PW1 as well as DW1 was recorded. It was at this stage, that the plaintiffs have filed the I.A.No.413 of 2023 under order 7 Rule 14(3) r/w Sec.151 of C.P.C. seeking to receive the petition mentioned documents and mark them as exhibits. The plaintiffs also filed I.A.No.414 of 2023 under Section 151 of C.P.C. praying to re-open the evidence of PW1 for the purpose of marking the documents filed in I.A.No.413 of 2023. The I.A.No.416 of 2023 was filed under Order 18 Rule 17 of C.P.C. praying to recall the evidence of PW1 for the purpose of marking documents filed in I.A.No.413 of 2023. The I.A.No.415 of 2023 was filed under Order 6 Rule 1 & 5 of C.P.C. praying to summon the Bank Manager, for giving evidence on be