KAMMANA SAMBAMURTHY Vs. KALIPATNAPU ATCHUTAMMA

JUDGEMENT

(1.) The original contesting parties are dead. They are now represented by their legal representatives. This is not unusual when litigation goes on for more than 25 years.

(2.) These two appeals, one by the legal representatives of Kammana Sambamurthy (original plaintiff) and the other by legal representatives of Kalipatnapu Atchutamma (original defendant No. 2) are directed against the judgment and decree dated December 23, 2002 passed by the High Court of Judicature, Andhra Pradesh, at Hyderabad. The High Court modified the judgment and decree dated July 2, 1991 passed by the Subordinate Judge, Anakapalli in a suit for specific performance of the contract. The husband of defendant No. 2 - Kalipatnapu Kamaraju - was original defendant No. 1; he is also dead. For convenience, we shall refer to the original plaintiff, the vendee; the original defendant No. 1, the vendor and the original defendant No. 2, the vendors wife. The facts, as we find them, are shortly as follow.

(3.) On February 19, 1984, the vendor entered into an agreement of sale (for short, the agreement) with the vendee in respect of a tiled house consisting of six rooms, verandah, three mulgis upstair portion consisting of one room, hall and verandah inclusive of entire area pertaining to the house along with the entire vacant site situate in door No. 9.118 bearing assessment 116 at village Payakaraopet, District Visakhapatnam (for short, the property) for a consideration of Rs. 1,00,000/-. The vendee paid Rs. 10,000/- in advance and the remaining consideration of Rs. 90,000/- was agreed to be paid at the time of execution and registration of the sale deed. The vendor in the agreement represented that he was absolute owner of the property. The agreement reads as follows: