THE HON’BLE SRI JUSTICE K.SARATH

ORDER:

Heard learned counsel appearing for the petitioner and learned Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission itself.

2. Learned counsel for the petitioner submits that the petitioner is the agreement holder in respect of the Agricultural land admeasuring to an extent of Ac.0.21 guntas out of total extent of land of Ac.1.00 guntas in Sy.No.505 situated at Bowrampet village, Quthbullapur Mandal, Medchal-Malkajgiri District, which was executed by one Mr.VVVSN Chowdary and another on 25.11.2017, for a total sale consideration of Rs.32,14,500/-. He further submits that one P.Subhadra is the original pattadar and possessor of an extent of Ac.0.35 guntas and one Mr. Sukkayya and his mother named Smt. Gangamma are the pattadars and possessors of an extent of agricultural land Ac.0.18 guntas in Sy.No.505 and all the three were issued with pass book Nos.72125 and 427993 and title deed Nos.36176 and 43078 respectively by the Tahsildar, Quthbullapur Mandal. While it being so, the said Subhadra along with her family members had sold an extent of Ac.0.22 guntas out of their total extent of Ac.0.35 guntas of land and Mr.Sukkayya and his mother Gangamma had sold their extent of Ac.0.18 guntas of land in Sy.No.505, totaling to Ac.1.00 guntas to one Mr. T.Peddakapu and three (3) others vide Registered Sale Deed bearing document No.6920 of 2006, dated 10.03.2006 and the same was registered with SRO, Medchal. Thereafter, Mr. T.Peddakapu and three others have sold the said extent of land to VVVSN Chowdary and another under Registered Sale Deed bearing Document No.29020 of 2006, dated 07.12.2006 and the same was also registered with SRO, Medchal.

3. Learned counsel for the petitioner further submits that after the purchase, the said Mr.VVVSN Chowdary and another had made an application for mutation and the Tahsildar, Quthbullapur Mandal has issued the mutation proceedings No.6162 of 2007, dated 30.06.2007 by duly ordering for mutating their names in the revenue records with respect to the land to an extent of Ac.1.00 guntas situated in Sy.No.505/EE/AA, but they were not issued any pattadar pass book in respect of the subject land. Thereafter, the said VVVSN Chowdary and another had executed an agreement of sale dated 25.11.2017 in the petitioner’s favour for an extent of Ac.0.21 guntas out of Ac.1.00 guntas and the petitioner had paid Rs.10,00,000/- as part sale consideration in advance and thereafter, he made part-payments of Rs.10,00,000/- on 18.02.2018, Rs.5,00,000/- each on 15.05.2019 and 04.10.2019 respectively, totaling to an amount of Rs.30,00,000/- out of a total sale consideration of Rs.32,14,500/- and also obtained the cash receipts from them and as such, Rs.2,14,500/- was the balance amount which the petitioner would have to pay and the same was agreed to be paid at the time of registration of the property in his favour. He further submits that in spite of payment of maximum of the total sale consideration, the said VVVSN Chowdary and another did not come forward to register the said land in favour of the petitioner. As such, the petitioner had issued legal notice dated 27.01.2023 and the same was served on them on 24.02.2023 and 27.02.2023 respectively, but there was no response from them. Therefore, the petitioner had filed a Suit for Specific Performance of the agreement of sale dated 25.11.2017 vide O.S.No.63 of 2023 on the file of the Additional Senior Civil Judge, Medchal- Malkajgiri District and sought refund of Rs.30,00,000/- as an alternate relief.

4. Learned counsel for the petitioner further submits that during the trial, the said VVVSN Chowdary and another were set ex-parte on 25.07.2023 and the learned Additional Senior Civil Judge, Medchal-Malkajgiri District after recording the evidence of the petitioner herein as PW.1 and marking of Exhibits A.1 to A.9 had decreed the suit