Lakshmi Sreenivasa Coop.Bldg.Soty. ... vs Puvvada Rama Rao (D) By Lrs .

4. The legal representatives of original respondent No.6 preferred a first appeal before the High Court of Judicature, Andhra Pradesh at Hyderabad, being First Appeal No.1426 of 1997 against the dismissal of O.S. No.99/1981. Similarly, the appellant Society preferred First Appeal No.1492/1997 before the High Court of Judicature, Andhra Pradesh at Hyderabad, against dismissal of its suit, being O.S. No.351/1982.

5. The appeal preferred by the heirs and legal representatives of Allu Appalanarayana, however, was disposed of on 9th March, 2006 in view of the submissions made by the counsel for the appellant therein that respondent Nos.1 & 2/defendant Nos.1 & 2, Puvvada Chandrashekhara Rao and Puvvada Siva Prasad, respectively, had already executed a sale deed in respect of the suit property in their favour and, therefore, no further order was necessary in the pending appeal. The High Court disposed of the said appeal on that basis. Against that decision, as mentioned above, Civil Appeal No.6625 of 2008 has been filed by the appellant Society. It is doubtful whether this appeal preferred by the 4 appellant against the decision of the High Court dated 9th March, 2006 in First Appeal No.1426/1997 can be taken forward. We shall elaborate on this a little later.

16. That finding of the Trial Court commended to the High Court. The view so taken by the Trial Court is certainly a possible view and by no stretch of imagination can the finding recorded by the two Courts below on the material issue against the appellant be said to be manifestly unreasonable and unjust in the context of the evidence on record.

19. The view so taken by the Trial Court commended to the High Court and has been affirmed by it. We find no reason to deviate from the said conclusion as it is not manifestly unreasonable or unjust in the context of the evidence on record.

20. Considering the above, we have no hesitation in upholding the conclusion arrived at by both the Courts below that the suit filed by the appellant/plaintiff deserves to be dismissed with costs. In the course of arguments, it was earnestly urged on behalf of the appellant before us that if the Court was not inclined to grant the prayer for specific performance, then this Court may direct the respondents to refund the earnest money paid to them in furtherance of the suit agreements. Ordinarily, such a prayer could be considered but in the peculiar facts of the present case, it may not be possible to entertain the same, not only because no such express payer is sought in the plaint filed by the 24 appellant/plaintiff before the Trial Court, but also because accepting that prayer would result in taking a contradictory approach with the finding of the Trial Court and affirmed by the High Court and by us, that the appellant/plaintiff had failed to prove the factum of payment of earnest money amount to the owners of the suit property. Notably, the factum of execution of the suit agreements in itself is doubted. In view of the above, no relief can be granted to the appellant/plaintiff in the fact situation of this case.

21. We accordingly dismiss both the appeals with costs.

.………………………….CJI.

July 31, 2018.