HON’BLE SRI JUSTICE G.V. SEETHAPATHY C.C.C.A. No.145 of 1994 Date: September 24, 2010 Between: 1. Dr. Smt. Ela Devi (died per L.Rs.) and 5 others. … Appellants/ Defendants And 1. Smt. G.Narsamma (died per L.Rs.) and 2 others. … Respondents/ Plaintiff * * * HON’BLE SRI JUSTICE G.V. SEETHAPATHY C.C.C.A. No.145 of 1994 JUDGMENT: This appeal is directed against the judgment and decree dated 29.7.1994 in O.S. No.1534 of 1987 on the file of III Additional Judge, City Civil Court at Hyderabad. 2. Heard both sides and perused record. 3. The appellants herein are the defendants in O.S. No.1534 of 1987. The first respondent herein filed the said suit for declaration that she is the owner of the suit schedule property bearing house No.8-4- 347, old No.160/J, Ramgopalpet, Secunderabad and also for recovery of vacant possession of the same. The first respondent/plaintiff was first defendant in O.S. No.593 of 1984, which was filed by the appellants herein for specific performance of agreement of sale dated 22.5.1977 in respect of the self same house property. The respective defendants contested both the suits. Both the suits were disposed of by a common judgment dated 29.7.1994 after full-fledged trial. The claim of the plaintiffs in O.S. No.593 of 1984 (appellants herein) for the relief of specific performance was rejected on the ground that they failed to establish their case and the suit was decreed only for refund of the advance amount of Rs.11,000/-. The suit O.S. No.1534 of 1987 filed by the first respondent herein for declaration of title and recovery of possession was decreed. 4. It is not disputed and is stated by the learned counsel for both parties that the appellants herein have not preferred any appeal against the rejection of their claim for specific performance and dismissal of O.S. No.593 of 1984 to that extent. Thus, the judgment and decree in O.S. No.593 of 1984 to the extent of dismissing the said suit in so far as the relief of specific performance of the suit agreement has become final. 5. The only ground on which the appellants herein resisted the claim of the first respondent for declaration of title and eviction is that they are in possession of the suit property by virtue of agreement of sale. When once it is held that they are not entitled for the relief of specific performance based on the said agreement and the said finding has since become final, no appeal having been preferred against the judgment in O.S. No.593 of 1984, the appellants herein have no ground to resist the decree for eviction passed against them pursuant to declaration of title in favour of the first respondent. The appellants herein have therefore no valid or justifiable grounds to continue to remain in possession of the suit property when once their claim based on the agreement of sale is rejected. In the circumstances, it is held that there are no merits in the present appeal. 6. In the result, the appeal is dismissed. _______________________ G.V. SEETHAPATHY, J Date: September 24, 2010. BSB