NIDAMARTHI SURAYYA Vs. PARVATHNENI RAMAKRISHNAIH

JUDGEMENT

(1.) Both these appeals are under special leave and relate to a peace of land admeasuring about 93 acres situate in the village Ninavaram near Vijayawada. The land came to respondent 3 under a deed of" settlement dated Februarys, 1944 executed by her mother in her favour.

(2.) On April 29, 1950 respondent 3 and her husband, Ramamurthy Pantulu (since "deceased), executed an agreement for Sale (Ex.B-9), in favour of respondent 2 and received Rs.5,400/- as earnest out of Rs. 30,000/-, that being the agreed consideration. The agreement provided that respondent 3 would pay a further sum of Rs. 9,600/- at the time of the execution of the sale deed and the balance of Rs. 15,000/- in 3 Annual instalments of Rs.5,000/- each. It also recited the fact that respondent 3 and her said husband delivered possession of the said land to respondents 1 and 2 on that very day.

(3.) On June 15, 1950 respondent 3 and her said husband went to Madras and executed a deed of sale (Ex.A-5) conveying thereby the said land in favour of the appellants for a consideration of Rs. 20,000/-. The appellants paid Rs. 3,000/- to respondent 3 and for the balance of Rs. 17,000/- executed a promisory note. As regards possession, the sale deed provided as follows: