Veerabatula Adinarayana vs Balusu Raja Rao
2023 Latest Caselaw 5750 AP

Andhra Pradesh High Court - Amravati

Veerabatula Adinarayana vs Balusu Raja Rao on 1 December, 2023

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                 MAIN CASE: S.A No. 300 of 2023

                             PROCEEDING SHEET

Sl.No.                                                                        Office
          DATE                             ORDER                              Note
11.      01.12.2023 BKM, J

                                   S.A No. 300 of 2023
                                  & I.A.No.01 of 2023
                        Heard      the     learned    counsel     for   the
                   appellant.
                        The learned counsel for the appellant is
                   permitted to take out personal notices to the
                   respondent No.2 and proof of service shall be

filed within a period of three (3) weeks from today.

This Second appeal arises against the judgment and decree in O.S.No. 105 of 2005 on the file of Senior Civil Judge, Tadepalligudem dated 21.10.2016 as confirmed in the Appeal Suit No. 85 of 2016 on the file of 1st Additional District Judge, Eluru dated 10.02.2023.

The learned counsel for the appellant submits that the appellant is the tenant of the subject property and suit for specific performance instituted by him was dismissed on an erroneous view of law on fact. Aggrieved by the same, the plaintiff preferred the above said appeal before the lower appellate court and the same was also dismissed on an erroneous view of law on facts. Aggrieved by the same, this

second appeal is filed.

The learned counsel for the appellant submits that both the courts below have not extended the benefit of section 53 (a) of the Transfer of Property Act to the plaintiff. Had it been given, the judgment would have been materially effected. He also submits that there is a connected CRP pending before this court in C.R.P. No. 2809 of 2017.

In view of the above said facts and circumstances, the following substantial question of law arises in this second appeal.

"Whether the appreciation of pleadings and the evidence on record by the courts below is perverse with respect to the application of section 53 (a) of Transfer of Property Act?"

In view of the above said substantial question of law, the second appeal is admitted and the registry is directed to post the second appeal along with C.R.P.No.2809 of 2017.

In so far as the subject property is concerned, there shall be an order of status quo as on today to be maintained for a period of eight weeks.

List on 25.01.2024

_________ BKM, J UPS