IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO APPEAL SUIT NO.276 OF 2021 DATED: 6^th MARCH, 2026 BETWEEN :

1. Mr.Pesearkayala Veera Basanth Reddy and Others … Appellants-Defendants AND Mr.Burugu Rama Krishna Reddy, S/o.Late Dhanam Reddy, aged 47 years, Occ: Agriculture, R/o.Ibrahimpatnam Mandal, Ranga Reddy District.

…Respondent/Plaintiff

JUDGMENT

1. This Memorandum of First Appeal is filed under Section 96 r/w Order 41 Rule 1 of Civil Procedure Code, 1908 (for short ‘CPC’) assailing the judgment and decree passed by the learned XIV Additional District Judge, Ranga Reddy District at L.B.Nagar in OS No.1038 of 2014 dated 24.09.2021.

2. Appellants are the defendants and respondent is the plaintiff in OS.No.1038 of 2014.

3.1. Respondent-plaintiff has filed suit under Order 7 Rule 1 r/w Section 26 of CPC for recovery of money of Rs.14,60,000/- against the appellants-defendants.

3.2. The plaint states that the parties are known to each other for more than 15 years. Appellant No.1-defendant No.1 is the father, appellant Nos.2 and 3-defendant Nos.2 and 3 are the sons of appellant No.1. Defendant No.1 (appellant No.1 herein) informed the plaintiff (respondent herein) that he is the owner and possessor of Acs.09-30 guntas of agricultural land in Sy.Nos.85/A and 89/A situated at Mondigowrelly Village, Yacharam Mandal, Ranga Reddy District and executed an Agreement of Sale dated 01.10.2012 for a total sale consideration of Rs.63 Lakhs. The plaintiff paid an amount of Rs.10 Lakhs as advance and a separate receipt is executed to that effect. Thereafter, the plaintiff (the respondent herein) came to know that the property covered under Agreement of Sale dated 01.10.2012 is under litigation in OS.No.36 of 1989 on the file of Additional District Judge. So also in AS No.1110 of 1991 pending before the High Court of Andhra Pradesh, the same was suppressed by the defendant No.1 (appellant No.1 herein). When the plaintiff (respondent herein) questioned the defendant No.1 (appellant No.1) about the litigation, in turn he stated that the suits are no way concerned with the suit land and insisted the respondent-plaintiff to get the sale deed registered by paying the balance sale consideration. Mediation was held between the parties before the elders wherein the appellants-defendants executed Settlement Deed on 12.03.2013 agreeing to return the advance amount of Rs.10 Lakhs through a mediator by name Kotha Manohar Reddy within a period of six months i.e., on or before 12.09.2013. Later, the appellant No.1-defendant No.1 with a malafide intention to cheat the respondent-plaintiff got issued legal notice on 29.07.2013 cancelling the Agreement of Sale dated 01.10.2012 as well as the Settlement Deed dated 12.03.2013 to avoid the refund of advance.

3.3. Appellant No.1-defendant No.1 again entered into an Agreement of Sale dated 06.04.2013 with G.Mohan Reddy of Injapur Village for a total sale consideration of Rs.57,50,000/- in respect of the property covered by the Agreement of Sale and he received Rs.2,50,000/- as advance. A publication was made to that effect in Eenadu Telugu Daily calling for objections for which one Gurram Bhasker Reddy got issued a reply notice raising objections through his counsel. Reply notice goes to show that the litigations are pending in Courts in respect of the lands and the appellant No.1-defendant No.1 has again cheated and harassed not only the respondent-plaintiff but also Kotha Manohar Reddy and Gurram Mohan Reddy. Respondent-plaintiff has lodged a complaint before Yacharam police against the appellants-defendants but they did not act upon and advised him to approach the Court. Respondent - plaintiff has also filed a private complaint before IV Metropolitan Magistrate, Ibrahimpatnam, the same was taken cognizance for the offences under Sections 120B, 420 r/w 34 of IPC against the appellants-defendants and a case in Crime No.187 of 2013 is registered on 26.10.2013 and appellan