V.Sarojini v. Mogili Nukaiah & Anr.

HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.5409 OF 2010 ORDER: This revision under Article 227 of Constitution of India has been filed by the defendant to revise the orders of the Principal Junior Civil Judge, Nandigama, dated 8.10.2010 dismissing I.A.No.75 of 2010 in O.S.No.211 of 2005 filed under Schedule 1-A, Article 47-A of A.P. Amended Act of 17 of 1986 for an order to impound agreement of sale. In the agreement of sale, dated 16.1.1999, which is now sought to be impounded, there is no recital as to the delivery of possession of the property and the endorsement on the back is subsequent on Ex.A.1, dated 6.6.1999 only, which contains recital about the possession, which cannot be treated as part and parcel of document. Further the endorsement on Ex.A.3 shows that after the defendant gets title deed, she will register the land, which clearly goes to show that no title is passed on under the said document on the date when it was executed. In that view of the matter, the impugned order passed by the lower Court in dismissing the I.A. does not suffer from any illegality warranting interference by this Court. Accordingly, the revision is dismissed. No costs. _______________ A. GOPAL REDDY, J. JANUARY 21, 2011 Tsr.