Polisetti Syamala Jamuna vs Gurram Anasuyamma
2022 Latest Caselaw 7973 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                              MAIN CASE : S.A.No.199 of 2019
                                    PROCEEDING SHEET
Sl.      Date                                   ORDER                             OFFICE
No.                                                                                NOTE

18.   19.10.2022
                   SRS,J
                                      S.A.No.199 of 2019
                           Defendants/respondent Nos.1, 2, 4 to 6 and 8

filed the present second appeal against the judgment and decree, dated 13.08.2018 passed in A.S.No.44 of 2011 on the file of learned II Additional District Judge, East Godavari, Amalapuram reversing/modifying the judgment and decree, dated 29.06.2011 passed in O.S.No.11 of 2006 on the file of learned Senior Civil Judge, Amalapuram.

The respondent/plaintiff filed O.S.No.11 of 2006 for recovery of an amount of Rs.3,75,000/- towards compensation and damages.

The trial Court decreed the suit with costs directing defendant Nos.1 and 2 to pay the amount covered under Ex.A1 i.e. Rs.30,500/- with subsequent interest at 12% per annum from the date of dispossession i.e. 22.01.2005 till the date of realization. Aggrieved by the same, plaintiff preferred A.S.No.44 of 2011 and cross objections were filed by defendant No.1.

The appellate Court allowed the appeal and decreed the suit in favour of plaintiff for Rs.3,75,000/- with subsequent interest at 12% per annum on the entire amount from the date of filing of suit till the date of judgment and @ 6% per annum from the date of judgment till the date of realization recoverable against defendant Nos.1 and 4 to 8 and dismissed the cross- objections. Aggrieved by the same, the present appeal is filed by defendants.

Heard.

Admit.

The following substantial questions of law arise for consideration.

1. Whether plaintiff/buyer is bound under Section 55(5) of the Transfer of Property Act and not entitled to claim recovery and damages against the seller?

2. Whether plaintiff/buyer is bound by the principle of Caveat emptor? If so, judgments under the appeal are vitiated?

3. Whether suit filed by the plaintiff is barred by limitation? If so judgments under appeal are vitiated?

______ SRS,J

I.A.No.1 of 2019

There shall be stay of all further proceedings pursuant to the judgment and decree, dated 13.08.2018 passed in A.S.No. 44 of 2011 on the file of learned II Additional District Judge, East Godavari, Amalapuram, reversing/modifying the judgment and decree, dated 29.06.2011 passed in O.S.No.11 of 2006 on the file of learned Senior Civil Judge, Amalapuram, on the condition of petitioners/appellants depositing ¼ of the Rs.3,75,000/- to the credit of O.S.No.11 of 2006, within eight weeks from today.

Issue notice to the respondent.

Learned counsel for the petitioners is permitted to take out personal notice on the respondent by registered post with acknowledgment due and file proof of service.

______ SRS,J ikn