THE HON'BLE MR JUSTICE V.ESWARAIAH SECOND APPEAL No.705 OF 2009 DT.27.09.2011 Between: Donta Santamma & Ors … Appellants And Inturi Venkateswara Reddy & Ors … Respondents Counsel for the Appellants: Smt V.Sujatha Counsel for respondent: Sri The Court made the following JUDGMENT: THE HON'BLE MR JUSTICE V.ESWARAIAH SECOND APPEAL No.705 OF 2009 JUDGMENT: The appellant filed the suit O.S.No.485 of 2000, on the file of the I Additional Junior civil Judge, Guntur for specific performance of the Agreement of Sale dated 23-3-1978, which was dismissed by judgment dated 12-2-2002 holding that the plaintiffs are not entitled for specific performance of agreement of sale. The trial Court further held that the plaintiffs demanded to execute a regular sale deed after one year of the date of the said agreement and the suit was not filed within the stipulated time and was filed in the year 2000, and therefore, is bared by limitation. The trial Court further held that the suit is filed basing on the sale agreement dated 23-3-1978, but the same was not marked as exhibit, and unless the said sale agreement is marked, the plaintiffs are not entitled for specific performance of agreement of sale. The trial Court further held that though the plaintiffs relied on Exs.A.1 to A.4 stating that they have got the title over the said property, as the suit was filed for the specific performance, the question of claim title does not arise. The lower appellate Court also on re-appreciation of the entire evidence, both oral and documentary, held that as the agreement of sale itself is not marked as exhibit, the suit was rightly dismissed. In view of the concurrent findings of both the Courts below, I do not see any substantial question of law that arise for consideration in the appeal. The Second Appeal is accordingly dismissed. No costs. _______________ (V.ESWARAIAH,J) DATE: 27.09.2011 grk THE HON'BLE MR JUSTICE V.ESWARAIAH (The Judgment of the Bench delivered by Hon’ble Sri Justice V.Eswaraiah) SECOND APPEAL No.705 OF 2009 DATE: 27.09.2011 GRK