- (1.) This Civil Appeal Is Filed By The Appellants Questioning The Correctness Of The Impugned Judgment And Decree Dated 23-8-2002 Passed In H.S Bhati V. Harikishan Ccca No. 102 Of 1997, Decided On 23-8-2002 (Ap) By The High Court Of Judicature Of Andhra Pradesh At Hyderabad By Framing Certain Questions Of Law And Urging Grounds In Support Of The Same And Prayed To Set Aside The Same And Restore The Judgment And Decree Dated 2-12-1996 Passed By The Ist Additional Judge, City Civil Court, Hyderabad (For Short "The Trial Court" ) In Os No. 2112 Of 1988.
(2.) In This Judgment, For The Sake Of Convenience, We Would Like To Refer To The Ranking Of The Parties As Assigned To Them In The Plaint Presented Before The Trial Court. The Brief Facts And Necessary Legal Contentions Urged On Behalf Of The Parties Are Stated Herein With A View To Examine And Find Out As To Whether The Legal Representatives Of The Deceased Plaintiff Are Entitled For The Relief As Prayed In This Appeal.
(3.) The Case Of The Plaintiff Is That Defendants 1 And 2 Who Are The Owners Of The Suit Schedule Property I.E Mulgies Bearing Municipal Nos. 15-8-121 To 15-8-123, Feelkhana, Begum Baazar, Hyderabad, Executed An Agreement Of Sale Dated 8-9-1988 (Ext. A-3) Agreeing To Sell The Suit Schedule Property In His Favour For Consideration Of Rs 6,65,000. It Is His Further Case That Prior To The Execution Of Ext. A-3 Defendants 1 And 2 Received Rs 10,000 From The Plaintiff By Way Of Advance Money On 14-8-1988 (Receipt As Per Ext. A-2) To Which Receipt Pw 2 (Brother Of The Plaintiff) Is An Attesting Witness And Defendants 1 And 2 Delivered The Copies Of Documents Relating To The Title Deeds Of Suit Schedule Property To The Plaintiff, Marked As Exts. A-5 To A-8.;