FAIR 1 of 7 O.S No.27 of 2024
IN THE COURT OF THE CHAIRMAN, L.R.A.T – CUM - II ADDL. DISTRICT
JUDGE AT : KARIMNAGAR
PRESENT: Smt C.PAVANI, Chairman, L.R.A.T–Cum- II Addl. District Judge, Karimnagar.
Tuesday, the 28th day of April, 2026
O.S No.27 of 2024
Between:-
1)Sardar Rajender Singh, S/o.Late Mohan Singh, Aged about 72 years, Occ: Business, R/o.H.No.2-4-155, Sikhwadi, Karimnagar.
2)Nagender Singh, S/o.Late Mohan Singh, Aged about 61 years, Occ: Business, R/o.H.No.2-4-30, Sikhwadi, Karimnagar.
3)Preeti Harjus Kaur, W/o.Tarunpreet Singh, Aged about 40 years, Occ: Private Employee, R/o.DSR Fortune Prime, C-Block, Flat No.502, Madhapur, Hyderabad.
4)Pavan R.B.Singh, W/o.R.B.Singh, Aged about 59 years, Occ: Legal Practitioner, R/o.DSR Fortune Prime, C-Block, Flat No.502, Madhapur, Hyderabad.
5)Mohd. Riyazuddin, S/o.Late Mohd. Raheemuddin, Aged about 41 years, Occ: Business, R/o.Flat No.1, Door No.11-5-173, Red Hills, Hyderabad. Plaintiffs AND
1)Panthangi Ramchander Rao, S/o.Late P.Kondal Rao, Aged about 82 years, Occ: Agriculture,
2)Panthangi Venkata Narsimha Kondal Rao, S/o.P.Ramchander Rao, Aged about 48 years, Occ: Private Employee,
Both are R/o.H.No.1-5-389, Kaman Road, Karimnagar.
Both are repesented by their registered AGPA Holder, Sardar Raghbeer Singh, S/o.Late Mohan Singh, Aged 65 years, Occ: Business, R/o.Sikhwadi, Karimnagar.
FAIR 2 of 7 O.S No.27 of 2024
3)Sardar Raghbeer Singh, S/o.Late Mohan Singh, Aged 65 years, Occ: Business, R/o.H.No.8-1-576, Sikhwadi, Karimnagar. Defendants
This Suit is coming before me on 23-04-2026 for final hearing in the presence of Sri V.Rajesh, Advocate for the Plaintiffs and Defendants No.1 to 3 remained exparte, upon perusing the material papers on record and the matter having stood over for consideration till this day, this Court delivered the following:- :: J U D G M E N T ::
This suit is filed seeking specific performance of the Agreement of Sale
dated 10.08.2022.
2.The brief averments of the plaint are as follows:
The defendant No.3 is the owner of the agricultural land admeasuring
Ac.2-11 gts in Sy.No.865 situated at Rampur, Karimnagar Town and District which is hereinafter referred to as the “suit schedule property” having purchased the same through the Agreement of sale cum GPA bearing document No.1475 of 2005 dated 07.02.2005 from the original owners
P.Ramachander Rao and P.V.N Kondal Rao. After the purchasing the property the defendant No.3 got constructed a small out house over the property which was assessed by the municipal authorities and house
No.8-1-576/1 was allotted to the said property and the defendant No.3 paid the property tax. In August 2022 the defendant No.3 offered to sell the suit schedule property to the plaintiffs for a total sale consideration of
FAIR 3 of 7 O.S No.27 of 2024
Rs.70,00,000/- and the plaintiffs agreed for the same. The defendant No.3 executed the agreement of sale dated 10.08.2022 in favour of the plaintiffs by receiving the advance sale consideration of Rs.60,00,000/-.The balance sale consideration of Rs.10,00,000/- was agreed to be paid at the time of registration of the sale deed. Since December 2023 the plaintiffs requested the defendant No.3 to receive the balance sale consideration and to execute the sale deed, but the defendant No.3 postponed the same on one pretext or the other. The plaintiffs were always ready and willing to perform their part of the contract. The plaintiffs got issued a notice dated 18.07.2024 in the news paper to caution the public. Inspite of several requests the defendant No.3 failed to execute the sale deed in favour of the plaintiffs. As such, the plaintiffs filed the suit seeking specific performance of the Agreement of Sale.
3.All the defendants remained exparte.
4.In support of their case, the plaintiffs got examined the plaintiff No.1 as
PW1, one Raitharapu Konda Babu @ Raju, attesting witness of the
Agreement of sale as PW2 and one Bandari Shiva Kumar as PW3 and got marked Ex.A1 to A23.
5.Heard the learned counsel for the plaintiffs and perused the record.
FAIR 4 of 7 O.S No.27 of 2024
6.Now the points for determination are:
1)Whether the plaintiffs were always ready and willing to perform their part of the contract?
2)Whether the plaintiffs are entitled for specific performance of the Agreement of sale dated 10.08.2022?
7.POINT No.1 and 2:
The contention of the plaintiffs is that the defendant No.3 being the owner of the suit schedule property offered to sell the suit schedule property to the plaintiffs and executed the Agreement of sale dated 10.08.2022 by receiving the part sale consideration of Rs.60,00,000/- and inspite of several requests he failed to execute the sale deed in favour of the plaintiffs.
8.In order to prove their contentions, the plaintiffs relied upon the evidence of PW1 to PW3 and Ex.A1 to A23. Ex.A1 is the Original Agreement of Sale-cum-GPA bearing document No.1475/2005, dated 20.02.2022. Ex.A2 is the Agreement of sale dated 10.08.2022. Ex.A3 is the Public Notice issued in Eenadu News Paper. Ex.A4 is the Certified Copy of Kasra Pahani for the year 1954-55. Ex.A5 is the Certified Copy of Kasra Pahani for the year 1955-
58. Ex.A6 is the Certified Copy of Pahani for the year 1958-59. Ex.A7 is the
Certified Copy of Pahani for the year 1961-62. Ex.A8 is the Certified Copy of
Pahani for the year 1962-63. Ex.A9 is the Certified Copy of Pahani for the year 1963-64. Ex.A10 is the Certified Copy of Pahani for the year 1966-67.
FAIR 5 of 7 O.S No.27 of 2024
Ex.A11 is the Certified Copy of Pahani for the year 1967-68. Ex.A12 is the
Certified Copy of Pahani for the year 1972-73. Ex.A13 is the Certified Copy of
Pahani for the year 1976-77. Ex.A14 is the Certified Copy of Pahani for the year 1979-80. Ex.A15 is the Certified Copy of Pahani for the year 1982-80.
Ex.A16 is the Certified Copy of Pahani for the year 1983-84. Ex.A17 is the
Certified Copy of Pahani for the year 1985-86. Ex.A18 is the Certified Copy of
Pahani for the year 1988-89. Ex.A19 is the Certified Copy of Pahani for the year 1990-91. Ex.A20 is the Certified Copy of Pahani for the year 1991-92.
Ex.A21 is the Certified Copy of Pahani for the year 2001-02. Ex.A22 is the
Certified Copy of Pahani for the year 2006-07. Ex.A23 is the Certified Copy of
Pahani for the year 2010-11.
9.The contention of the plaintiffs that the defendant No.3 is the owner of the suit schedule property is supported by Ex.A1. As per Ex.A4 to A23 pahanies the vendor of the defendant No.1 and 2 was the pattedar of the suit schedule property and thereafter the name of the defendant No.1 is reflected in the possessor column of the pahanies. Further as per Ex.A2 the defendant
No.3 agreed to sell the suit schedule property to the plaintiffs and received the part sale consideration of Rs.60,00,000/-. The contention of the plaintiffs that they requested the defendant No.3 to execute the sale deed in their favour on several occasions is supported by the evidence of PW2 and PW3. As per
Ex.A3 the plaintiffs got issued a public notice and mentioning about the
FAIR 6 of 7 O.S No.27 of 2024
Agreement of sale executed in their favour. The evidence of PW1 to PW3 and Ex.A1 to Ex.A23 remained unrebutted as the defendants remained exparte. Through the evidence of PW1 to PW3 supported by Ex.A1 to Ex.A23 the plaintiffs succeeded in proving that they were always ready and willing to perform their part of the contract and that they are entitled for specific performance of the Agreement of sale. In view of the above discussion point
No.1 and 2 are answered in favour of the plaintiffs.
10.In the result, the suit is decreed with costs. The plaintiffs shall deposit the balance sale consideration of Rs.10,00,000/- to the credit of the suit within a period of two months from this date and on such deposit the defendant No.3 shall execute a sale deed in favour of the plaintiffs or their nominee within two months thereof, failing which the plaintiffs are at liberty to get the sale deed executed through the process of law.
Typed to my dictation by the Stenographer Gr-II, corrected and
pronounced by me in open Court on this the 28th day of April, 2026.
Chairman, LRAT-Cum- II Addl. District Judge, Karimnagar
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PLAINTIFFS: FOR DEFENDANTS:
PW1: Sardar Rajender Singh - Nil -
PW2: Raitharapu Konda Babu @ Raju
PW3: Bandari Shiva Kumar
FAIR 7 of 7 O.S No.27 of 2024 :EXHIBITS MARKED: FOR PLAINTIFF: Ex.A1Original Agreement of Sale-cum-GPA bearing document No.1475/2005, dated 20.02.2022.
Ex.A2Agreement of sale dated 10.08.2022.
Ex.A3Public Notice issued in Eenadu News Paper.
Ex.A4Certified Copy of Kasra Pahani for the year 1954-55.
Ex.A5Certified Copy of Kasra Pahani for the year 1955-58.
Ex.A6Certified Copy of Pahani for the year 1958-59.
Ex.A7Certified Copy of Pahani for the year 1961-62.
Ex.A8Certified Copy of Pahani for the year 1962-63.
Ex.A9Certified Copy of Pahani for the year 1963-64.
Ex.A10Certified Copy of Pahani for the year 1966-67.
Ex.A11Certified Copy of Pahani for the year 1967-68.
Ex.A12Certified Copy of Pahani for the year 1972-73.
Ex.A13Certified Copy of Pahani for the year 1976-77.
Ex.A14Certified Copy of Pahani for the year 1979-80.
Ex.A15Certified Copy of Pahani for the year 1982-80.
Ex.A16Certified Copy of Pahani for the year 1983-84.
Ex.A17Certified Copy of Pahani for the year 1985-86.
Ex.A18Certified Copy of Pahani for the year 1988-89.
Ex.A19Certified Copy of Pahani for the year 1990-91.
Ex.A20Certified Copy of Pahani for the year 1991-92.
Ex.A21Certified Copy of Pahani for the year 2001-02.
Ex.A22Certified Copy of Pahani for the year 2006-07.
Ex.A23Certified Copy of Pahani for the year 2010-11.
FOR DEFENDANTS: - Nil -
Chairman, LRAT-Cum- II Addl. District Judge, Karimnagar.