The agreements of sale and corresponding deed were valid, with the court confirming that allegations of fraud were not substantiated.

JUDGMENT :

LAXMI NARAYANA ALISHETTY, J.

1. A.S.No.187 of 2024 is filed aggrieved by the Common Judgment and Decree dated 11.09.2023 passed by the I Additional District and Sessions Judge at Vikarabad, whereby and whereunder O.S.No.83 of 2022 (Old O.S.No.180 of 2005), filed by Plaintiff (Shanta Bai) against Defendant (B. Janardhan Reddy), seeking to declare the agreement of sale dated 30.03.1995 and registered sale deed vide document bearing Doc.No.3804 of 2003 dated 28.03.2003, as null and void, was dismissed.

2. A.S.No.183 of 2024 is filed aggrieved by the Common Judgment and Decree dated 11.09.2023 passed by the I Additional District and Sessions Judge at Vikarabad, whereby and whereunder O.S.No.84 of 2022 (Old O.S.No.80 of 2004 and renumbered as O.S.No.566 of 2006) filed by Plaintiff (B.Janardhan Reddy) against Defendant (Shanta Bai), seeking specific performance of agreement of sale dated 30.03.1995, was decreed.

3. Since the issues involved in both the appeals are interconnected and their outcome is interdependent and the parties in both the appeals are one and the same, both the appeals are heard together and are disposed of by way of this common Judgment.

4. Heard Sri V.Hari Haran, learned Senior Counsel appearing for Sri Srikanth Hariharan, learned Counsel-on-record for the Appellants in AS.No.187 of 2024, and Sri E.Ajay Reddy, learned Senior Counsel appearing for Sri V.S.R.Avadhani, learned counsel-on-record for respondent in AS.No.187 of 2024.

A.S.No.187 of 2024

5. This Appeal is filed against the common Judgment and Decree passed by the trial Court in O.S.No.83 of 2022, filed by the Plaintiff (Shanta Bai) against Defendant (B.Janardhan Reddy), seeking to declare the agreement of sale dated 30.03.1995 in respect of ‘A’ schedule property (Acs.77-36 Gts.) and the registered sale deed dated 28.03.2003 vide Doc.No.3804 of 2003 in respect of ‘B’ schedule property (Acs.30-32 Gts.), as null and void.

6. The brief facts as averred in the plaint in O.S.No.83 of 2022 are that the Plaintiff along with her two sisters, viz., Yamuna Bai and Jamuna Bai, jointly purchased the land admeasuring Acs.248-00 Gts. situated at Shivareddypet Village, Vikarabad Taluq, Ranga Reddy District, forming part of Sy.Nos.66, 70 to 72, 75 to 78, 84 to 88, 104 and 105 for a valuable sale consideration under registered sale deed vide Doc.No.1421 of 1970 dated 03.05.1970; that there was no division of the aforesaid lands by metes and bounds; that in the aforesaid sale deed out of total extent of land admeasuring Acs.248-00 Gts., an extent of Acs.77.96 Gts., comprising land admeasuring Ac.14-37 Gts. forming part of Survey No.86, land admeasuring Ac.16-12 Gts. forming part of Survey No.37, land admeasuring Ac.15-35 Gts. forming part of Survey No.88, land admeasuring Ac.12-35 Gts. forming part of Survey No.104 and land admeasuring Ac.17-37 Gts. forming part of Survey No.105, has been shown as the land sold to the Plaintiff; that after purchase of the total extent of land of Acs.248-00 Gts. by the Plaintiff and her two sisters, the same was not partitioned by metes and bounds and the same was held jointly by the Plaintiff and her two sisters.

6.1. It was further averred that husband of Plaintiff i.e., Sri Mahesh Chand had a brother by name Ramesh Chand who expired in a car accident in the year 1986 and thereafter, his widow-Suruchi Chand filed several suits claiming share of her husband i.e., Ramesh Chand, from his two elder brothers i.e., Mahesh Chand and Naresh Chand, due to which the properties were divided and so