GARRE MALLIKHARJUNA RAO Vs. NALABOTHU PUNNIAH

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment and order dated 19.7.2002 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Appeal No. 676 of 1993, which had set aside the judgment of the trial court, wherein the suit filed by the respondent for specific performance has been dismissed vide judgment and decree dated 9.11.1992 in O.S. No. 117 of 1983.

(2.) The facts and circumstances giving rise to this appeal are:

(3.) Shri Sanjeev Kumar, learned counsel appearing on behalf of the appellant, has submitted that the High Court has erred in relying upon the evidence of the hand-writing expert Shri Y. Sidda Reddy (PW-4). Though, the trial court has disbelieved his version, it is pertinent to note that he had categorically stated that the signatures on the agreement to sell did not tally with the specimen signatures of the defendant i.e. as an attesting witness. More so, Shri Syed Syda Saheb (PW-3), Scribe, has clearly deposed before the trial court that he did not meet the vendor or his son. Attesting witness PW-2 has admitted only his signatures on the said document, however, he denied any knowledge as to its contents. Also he has deposed that he had agreed to be a witness to the said deed, out of compulsion as the respondent/plaintiff was a hardened criminal, involved in various murders cases. More so, the respondent/plaintiff himself has raised mutually inconsistent pleas inasmuch as he has submitted that in the agreement to sell, time period of 4 months had been fixed to execute the sale deed, while in his deposition, he had deposed that the sale deed was to be executed only after the expiry of the term period of the lease. In view of above, the High Court ought not to have reversed the well reasoned judgment and decree of the trial court which had the opportunity to see the demeanor of the witnesses itself. Thus, the appeal deserves to be allowed.